Terms & Conditions
OZ Trade Club Term & Conditions
1. BACKGROUND 1. This is a legal document that serves as an agreement between the subscriber (here referred to as you, your,
customer) and us (Oz Trade Club). Oz Trade Club Pty Ltd is a subsidiary of Oz Cash Club a company
registered in Australia, hereby the service provider (here referred to as Oz Trade Club, we, us, our). Our
postal address is: Oz Cash Club Pty Ltd, PO Box 1329, Penrith NSW 2751. 2. It is your responsibility to read this agreement carefully. You are agreeing to these terms and conditions the
moment you start using our services; browsing, accessing the website and the facilities and services or by
completing any transactions on or through the Oz Trade Club website. This agreement is made between
you, the Customer and us, Oz Trade Club. 3. The last update of these Terms and Conditions was on 18th of November, 2016. Oz Trade Club reserves the
right to amend the terms and conditions at any given time, and is responsible for posting any amendments
online promptly. This agreement may be terminated by written notice to us, by email to
firstname.lastname@example.org or by post to Oz Cash Club Pty Ltd, PO Box 1329, Penrith NSW 2751.
Continued use of our services and website and placing items for sales will be considered as the acceptance
of the terms and conditions and any amendments implemented within. 4. Your statutory rights which are non-excludable are not affected in any way by this Agreement.
The following are the defined terms and their meanings used in this Agreement and they always begin with a capital
• “Microsite” is an auxiliary website supplementary to our main website. • “Advertisement” is placing an advertisment on the website. • “Register” is to “create an account on the Website” (and “Registration” is the action of creating an
account). • “Service” is all or any of the services provided by Oz Trade Club via the Website (or via other
electronic or other communication from Oz Trade Club Pty Ltd) including the information services,
content and transaction capabilities on the Website (including the ability to make a Purchase). • “Website” is the oztradeclub.com.au website and any Microsite
3. GENERAL WEBSITE AND SERVICE ISSUES 1. Terms and conditions applicability: The services used on this website as any purchase made through it are
subject to the terms and conditions of this Agreement. Oz Trade Club Using services are generally free, but
we charge a fee for certain features. If the feature you use incurs a fee, then it will be clearly disclosed at the
time you post your ad. These fees are quoted in Australian Dollars. We’ll notify you of changes to our fees
by posting the changes on the site. Fees charged are non-refundable, and you are responsible for paying
them. If you don’t, we may limit your ability to use the Services. 2. Age: You must be 18 years of age or over to use any of the services on this website, with or without
registration. 3. Location: Accessing the Website to use the Services other than Australia elicits you responsible for any
consequences and compliance with the applicable laws. The use of the Website and the Services and
placing advertisements is intended only for use from Australia. Oz Trade Club makes no indication that any
of the services provided are available or suitable for use outside of Australia. 4. Scope: The use of the Website, Services and any deals placed by customers is both commercial, non
commercial and personal use only. The scraping of the Website and/or hacking the Website is strictly
forbidden. 5. Prevention of use: Oz Trade Club reserves the right to prevent the use of the Website, Service and placing
any deals with or without your consent. 6. Equipment: We do not provide any equipment necessary for accessing and using the Services, accessing
the Website, placing ads and or viewing advertisements. An internet connection and telecommunication
links are required to use the Website, Services and placing ads is your responsibility solely. We are not
liable for any of the costs such as telecommunication costs, telephone costs and other costs which may
incur. 7. Oz Trade Club will not be responsible if the product has been sold and is still active on the website or if the
price of the product has been changed. In all cases please refer to the person/company placing the ad on
4. REGISTRATION AND ACCOUNTS 1. Why you should register: Registration is not necessary for the use of most of the functions of the Website
and Services. But you must register if you wish to place an ad on the website. We reserve the right to cancel
an account at any time and to decline a new Registration. 2. How to register: You must provide your name, postcode, email address and additional personal information
password confidential. You are expected to immediately notify us if your password becomes compromised
by any third parties, or your email is used without your consent or any other breach of security that you may
become aware of. You agree that disclosing your username and password to other persons authorises them
to act as your agent in the use of the Website, the Services and any transactions via the service. The
confidentiality of your password is solely your responsibility.
4. Valid email addresses: It is required that your account is registered with a valid email address or your user id
which is regularly accessed by yourself, in order to send regular necessary moderation emails to your inbox.
An account registered with an email address that does not belong to you or with a temporary email address
will be terminated without any further notice. If we believe that users have been using invalid email
addresses, we may require re-validation of their accounts. 5. Closing accounts: If we find that a user has been using proxy IP’s in order to hide the use of multiple
registration accounts or to pretend to be an Australian user but is located somewhere else, or that a user
has been disrupting the Website or the Service in any way, we reserve the right to terminate the underlying
account. 6. Multiple logons: Using multiple logons and disrupting the community and/or annoying other users is strictly
prohibited and action will be taken against you.
5. YOUR OBLIGATIONS
5.1 Accurate information: You guarantee that all the information you provided upon Registration which is a part
of your account during this Agreement is true, complete and accurate. You are responsible to promptly inform us of
any changes to personal information by updating the details in your account.
5.2 Content of the Website and Service: It is your responsibility to ensure that any products, services or information
available through the Website or the Service meet your specific requirements.
5.3 Things you are not permitted to do: Without limitation, you will take it upon you not to use or permit anyone else to
use the Service or Website:
5.4.1 for sending or receiving any material which is not civil or tasteful;
5.4.2 for sending or receiving any material which is threatening, grossly offensive, of an indecent, obscene or
menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence,
copyright, rights of personality, publicity or privacy or any other third party rights;
5.4.3 for sending or receiving any material for which you have not obtained applicable licenses and/or approvals
(from us or third parties); or which constitutes or encourages conduct that would be considered as a criminal offence,
would give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any
country in the world;
5.4.4 for sending and receiving any material which is or is considered as technically harmful such as; computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or
5.4.5 to cause inconvenience, annoyance or needless anxiety;
5.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
5.4.7 for a purpose other than which we have designed them or intended them to be used;
5.4.8 for any fraudulent purposes;
5.4.9 other than in conformity with accepted Internet practices and practices of any connected networks; or
5.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise
calculated to adversely affect any individual, group or entity.
5.5 Forbidden uses:
The following uses of the Service and Website are strictly prohibited and you will commit not to do (or to permit
anyone else to do) any of the following:
5.5.1 resell the Website, the Service or any Voucher;
5.5.2 provide false data including false names, addresses and contact details and engage in fraudulent use of
credit/debit card numbers;
5.5.3 attempting to deceive our security or network which includes accessing data not intended for you, logging into a
server or account you are not authorised for, or probing the security of other networks (such as running a port scan);
5.5.4 accessing the Service (or Website) in a way that would, provide a means of act which would impose an
unreasonable or disproportionately large load on our infrastructure;
5.5.5 executing any form of network monitoring which will intercept data not intended for you;
5.5.6 sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to
individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk
mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements,
and political or religious tracts. Such material may only be sent to those who have requested it. If a recipient asks to
stop receiving email of this nature, you may not send that person any further email;
5.5.7 creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient
wishes to receive such mailings;
5.5.8 sending mail which is malicious and flooding users or sites with a large number of emails;
5.5.9 using this Service or Website and the functionalities that are a breach of this Agreement;
5.5.10 unauthorised use, misuse or forging of mail header information;
5.5.11 engaging in unlawful activities connected with the use of the Website and/or the Service or any Voucher; or
5.5.12 engage in any conduct which we consider as restricting or inhibiting to any other customer from properly using
or enjoying the Website and Service.
6. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE
6.1 We do not guarantee that the Website, the Service and Vouchers will be free of faults and errors neither are we
liable for any errors or omissions in regard. Events of faults or errors should be reported by email
to: email@example.com. We will undertake all reasonable actions to correct all omissions upon being
notified of them.
6.2 We do not guarantee that your use of the Website and Services will be uninterrupted at all times neither do we
warrant that information and messages will at always be transmitted reliably, timely and accurately via the Website
6.3 We do not guarantee that the Service or the Website is free from viruses or any other malicious actions which
may have a harmful effect on the technology components.
6.4 We will implement our best efforts to allow uninterrupted access to the Service and the Website, but access to the
Service and the Website may be suspended, restricted or terminated at any time.
6.5 We reserve the right to change, modify, substitute, suspend or remove any information or listing or service on the
Website or forming part of the Service from time to time without notice. Also we me occasionally restrict your access
to the Website and/or the Service in case of repairs and maintenance or for the introduction of new facilities or
services. We will attempt to restore such access as soon at the earliest possible. We assume no responsibility for
functionalities dependent on your browser or other third party software (including and without limitation, RSS feeds).
To avoid doubt, we may also withdraw any information or listing from the Website or Service at any given time.
8.6 We reserve the right to block access to and/or to edit or remove any material which we consider a breach or a
threat to any parts of this Agreement.
7. SUSPENSION AND TERMINATION
7.1 If you or anyone other than you with your permission uses the Website, the Service or an Order that would be
considered infringement of this Agreement we reserve the right to suspend you and your use of the Service, Website
and/or Order in whole or in part.
7.2 In case of suspension of Service, Website or an Order, it is in our dominion whether to allow or refuse the
restoration of the Service, Website or Order upon receiving an acceptable assurance from you that there will be no
further infringements of this Agreement in the future.
7.3 Oz Trade Club is liable to fully co-operate with any law enforcement authorities or court order requesting or
directing Oz Trade Club to disclose the identity or locate anyone in breach of this Agreement.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability
arose out of, in connection with or in respect of your conduct or breach of this Agreement.
• You shall indemnify us against each loss, liability or cost incurred by us arising out of: • any claims or legal proceedings which are brought or threatened against us by any person arising from:
a) your use of the Service or Website;
b) the use of the Service or Website through your password; or • any breach of this Agreement by you.
1. This material is available as of general nature, therefore it assumes that Oz Trade Club does not render professional
2. Users are advised to carefully evaluate the accuracy, completeness, relevance and currency and to seek professional
advice for the purpose of their particular circumstances, before relying on this material in any important matters.
3. This material is assembled so that it incorporates guidelines, recommendations or summarized views from third
parties. But these will not necessarily reflect the views of Oz Trade Club nor do they assume a commitment to a
certain course of action.
10. DISPUTE RESOLUTION & LIMITATIONS OF LIABILITY
1. All disputes are to be handled by mediation first.
2. Disputes with Oz Trade club and subscribing customers.
11. STANDARDS AND LIMITATIONS OF LIABILITY
11.1 We warrant that: 11.1.1 we will implement reasonable skill and care in performing our obligations under this Agreement 11.2 This Clause 11, as Clause 11.4 further on, prevails over all other Clauses and sets forth the entire Liability of Oz Trade Club, and the sole and exclusive remedies you are entitled to regarding: 11.2.1 the performance, non-performance, purported performance or delay in performance of the Service or Website or this Agreement (or any part of them); or 11.2.2 any circumstances otherwise in relation to this Agreement. 11.3 No part of this Agreement will limit nor exclude our Liability for (i) fraud; and/or (ii) death or personal injury caused by our Breach of Duty.
11.4 We do not warrant and we exclude all Liability in respect of: 11.4.1 the accuracy, completeness, fitness for purpose and legality of any information accessed using the Website or Service or otherwise; and 11.4.2 the transmission, reception or the failure to transmit or to receive material of any nature; and 11.4.3 use of any information or materials on the Website (which is solely at your own risk and your own responsibility); 11.4.4 the quality, safety, usability or any other aspect of the Voucher Products and/or Services for which Vouchers may be redeemed. 11.5 As provided in Clause 11.3 we do not accept and we hereby exclude any Liability for loss or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty. 11.6 As provided in Clauses 11.3 and 11.4.3, we do not accept and we hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement. 11.6 As provided in Clause 11.3, we shall have no Liability for: 11.6.1 loss of revenue; 11.6.2 loss of actual or anticipated profits; 11.6.3 loss of contracts; 11.6.4 loss of the use of money; 11.6.5 loss of anticipated savings; 11.6.6 loss of business; 11.6.7 loss of opportunity; 11.6.8 loss of goodwill; 11.6.9 loss of reputation; 11.6.10 loss of, damage to or corruption of data; or 11.6.11 any indirect or consequential loss; and such Liability is hereby excluded whether it is known, foreseen or otherwise. For the avoidance of doubt, Clauses 11.6.1 to 11.6.10 apply whether such losses are direct, indirect, consequential or otherwise. 11.7 In this Clause 11: 11.7.1 The meaning of “Liability” herein is liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action related to or arising under or in connection with this Agreement, including but without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract); and 11.7.2 “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
13. ADVERTISEMENTS 13.1 We have the right to place advertisements in different locations of the Website and at different moments during the use of the Service. These may change from time to time, but we are responsible for clearly marking the advertisements for goods and services from individuals other than us. This way it will be clear to you which goods and services derive from an objective basis and which do not.
remedy in regard of any untrue statements made by the other upon which that party relied on when entering into this Agreement, unless such a statement was an intentional act of fraud and is of crucial concern for the party’s ability to abide by the terms and conditions of this Agreement. 14.7 Remission: We shall not remission no default of yours under this Agreement and no future defaults under this Agreement. We will not remission in any way as to discharge, release or otherwise allow you freedom of liability under this Agreement. 14.8 Notices: Terms and conditions are on-line and form part of the agreement. 14.9 Third party rights: All provisions of this Agreement apply equally to and are for the benefit of Oz Trade Club Pty Ltd., its subsidiaries, any holding companies of Oz Trade Club, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (presuming this Agreement may be varied, modified or abolished without the consent of those parties). Subject to the previous sentence, none of these terms and conditions are enforceable pursuant to the Contracts by any person who is not a party of the Agreement. 14.10 Survival: In any event, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is considered that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service. In the event you use Vouchers bought under this Agreement, then those provisions applicable to Vouchers will survive termination of this Agreement. 14.11 Severability: If any conduct of this Agreement is held to be unlawful, invalid or unenforceable, that conduct shall be deemed severed. The validity and enforceability of the remaining conducts of this agreement shall not be affected whenever possible. 14.12 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and defined in accordance with the Australian law. Therefore, both parties will comply with the exclusive jurisdiction of the courts of Australia.
The Website and the Service is owned and operated Oz Trade Club Pty Ltd is a subsidiary of Oz Cash Club, a
company registered in Australia whose registered office is at 14 Great Western Hwy. Kingswood, NSW 2747. For any
questions and queries please contact our support at firstname.lastname@example.org