Terms and Conditions
User Agreement
Our Services
Wahmbay.com.au is owned and operated by Cheryl Stevens, T/A MCS Consulting Services Pty Ltd, ACN 132 521 138 with our principle place of business located at Muswellbrook NSW.
These terms and conditions govern the use on which you may make access to our website Wahmbay (and all related sub-pages). Please read carefully before you use the site. By using our site, you indicate that you accept this User Agreement and that you agree to abide by them. If you do not agree, please refrain from using our site.
It is the intention of Wahmbay to create a friendly, enjoyable and useful buying and selling experience, but as with any transaction either online or offline there are always risks involved. We strongly advise all of our members to understand our terms and conditions before joining or engaging in any activities on this site.
Rights to Suspend or Terminate
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated and remaining account balances confiscated.
Your Conduct
The responsibility of your actions in any transaction or interaction within this website is on you. You must ensure that your participation in selling or buying of any items does not violate any applicable laws or regulations on any level. By this we mean that in participating in any interaction within this website you are assuring us that you are entitled to sell or buy any relevant item and that you are not prohibited by any law or regulation in doing so.
You must not transmit through the service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation whether written or implied.
Membership
This site does not permit membership to individuals under the age of 18; this is due to laws that say no individual can enter into a legally binding contract under 18 years of age. If any member that signs up for membership and knowingly lies or does not include their correct age the account will be terminated immediately, and all account balances will be forfeited.
It is a legal requirement for all sellers to provide their current address from which they are trading. Any member not filling out their address or try to circumvent the address will be suspended and will lose their right to buy or sell, and will relinquish all remaining balances on Wahmbay.
As part of our continual improvement programs and security reviews, we may ask you from time to time to provide proof of your name and address, As Wahmbay does not ask for Credit or Debit card details, we may need to ask you under exceptional circumstances to fax documentary evidence of your name and address. This would be items such as a Driving License, Passport, Bank Statement, or Utility bill.
Membership Eligibility
Your membership is not transferable. You must not allow others to use your account and you must not transfer or sell to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account to us.
Online Auction Marketplace
Wahmbay acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. 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 listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence. We cannot and do not control whether the other party will complete the transactions.
This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained.
This web-site assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can.
Adult - Over 18's Listings Not Allowed
Wahmbay is a family friendly site. Adult listings are not allowed. Listings will be removed without warning. Your account will be suspended and you will lose your right to buy or sell. You will relinquish all remaining balances.
Fees and Services
Joining and creating a Wahmbay account and bidding on our site is free. Listing enhancements on our site incurs fees which are set out. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our services. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
Accepted Payments
At Wahmbay we want to be sure to offer our buyers and sellers a safe way to buy and sell their goods. We encourage sellers to offer payments through PayPal.
Sellers may offer to accept the following payment methods
Reporting Inappropriate Trading Behaviour
Wahmbay will consider the circumstances of an alleged offense and the user's trading record before taking action. Disciplinary action may range from a formal warning up to indefinite suspension of a user's account. However, out of fairness to all users, if a complaint cannot be proven with certainty, Wahmbay will not take action.
Bidding and Buying
By bidding on an item you agree with the seller to be bound by the conditions of sale included in the item's description. If you purchase an item through one of our fixed price formats or are the highest bidder on an item listed in auction format, you are obliged to complete the transaction with the seller. if you do not complete a transaction you will be in breach of your obligations to both Wahmbay and the seller and you may be liable to each.
Listing and Selling
You must describe your item fully and accurately and include all terms of sale on the listing page of our Site. Your listings may include text descriptions, video, graphics, pictures and other content relevant to the sale of that item, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work or work that you are legally entitled to use. All listed items must be listed in an appropriate category.
Feedback
Feedback belongs to Wahmbay although we permit you to use it on our Site while you remain a member. You may not do anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic.
Links from Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Indemnity
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
Legal Compliance
In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. In particular, you must ensure that your activities, items you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, you may wish to refer to http://www.austlii.edu.au.
You alone and not Wahmbay 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.
Governing Law & Jurisdiction
These Terms and Conditions are governed by the Laws of New South Wales, Australia
Variations
We reserve the right to amend the User Agreement at any time. Such variation will become effective immediately upon posting. As your continued use of Wahmbay will constitute acceptance of the revised terms of use you should regularly review them regularly.
Your Concerns
If you have any concerns about material which appears on our site, please contact us in writing:
Our Services
Wahmbay.com.au is owned and operated by Cheryl Stevens, T/A MCS Consulting Services Pty Ltd, ACN 132 521 138 with our principle place of business located at Muswellbrook NSW.
These terms and conditions govern the use on which you may make access to our website Wahmbay (and all related sub-pages). Please read carefully before you use the site. By using our site, you indicate that you accept this User Agreement and that you agree to abide by them. If you do not agree, please refrain from using our site.
It is the intention of Wahmbay to create a friendly, enjoyable and useful buying and selling experience, but as with any transaction either online or offline there are always risks involved. We strongly advise all of our members to understand our terms and conditions before joining or engaging in any activities on this site.
Rights to Suspend or Terminate
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated and remaining account balances confiscated.
Your Conduct
The responsibility of your actions in any transaction or interaction within this website is on you. You must ensure that your participation in selling or buying of any items does not violate any applicable laws or regulations on any level. By this we mean that in participating in any interaction within this website you are assuring us that you are entitled to sell or buy any relevant item and that you are not prohibited by any law or regulation in doing so.
You must not transmit through the service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation whether written or implied.
Membership
This site does not permit membership to individuals under the age of 18; this is due to laws that say no individual can enter into a legally binding contract under 18 years of age. If any member that signs up for membership and knowingly lies or does not include their correct age the account will be terminated immediately, and all account balances will be forfeited.
It is a legal requirement for all sellers to provide their current address from which they are trading. Any member not filling out their address or try to circumvent the address will be suspended and will lose their right to buy or sell, and will relinquish all remaining balances on Wahmbay.
As part of our continual improvement programs and security reviews, we may ask you from time to time to provide proof of your name and address, As Wahmbay does not ask for Credit or Debit card details, we may need to ask you under exceptional circumstances to fax documentary evidence of your name and address. This would be items such as a Driving License, Passport, Bank Statement, or Utility bill.
Membership Eligibility
Your membership is not transferable. You must not allow others to use your account and you must not transfer or sell to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account to us.
Online Auction Marketplace
Wahmbay acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. 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 listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence. We cannot and do not control whether the other party will complete the transactions.
This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained.
This web-site assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can.
Adult - Over 18's Listings Not Allowed
Wahmbay is a family friendly site. Adult listings are not allowed. Listings will be removed without warning. Your account will be suspended and you will lose your right to buy or sell. You will relinquish all remaining balances.
Fees and Services
Joining and creating a Wahmbay account and bidding on our site is free. Listing enhancements on our site incurs fees which are set out. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our services. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
Accepted Payments
At Wahmbay we want to be sure to offer our buyers and sellers a safe way to buy and sell their goods. We encourage sellers to offer payments through PayPal.
Sellers may offer to accept the following payment methods
- PayPal, merchant credit cards, debit cards, and bank electronic payments for auction purchases
- Bank-to-bank transfers, often known as bank wire transfers or bank cash transfers
- Cash on Delivery (COD) or cash for in-person transactions
- Money order or cheques.
Reporting Inappropriate Trading Behaviour
Wahmbay will consider the circumstances of an alleged offense and the user's trading record before taking action. Disciplinary action may range from a formal warning up to indefinite suspension of a user's account. However, out of fairness to all users, if a complaint cannot be proven with certainty, Wahmbay will not take action.
Bidding and Buying
By bidding on an item you agree with the seller to be bound by the conditions of sale included in the item's description. If you purchase an item through one of our fixed price formats or are the highest bidder on an item listed in auction format, you are obliged to complete the transaction with the seller. if you do not complete a transaction you will be in breach of your obligations to both Wahmbay and the seller and you may be liable to each.
Listing and Selling
You must describe your item fully and accurately and include all terms of sale on the listing page of our Site. Your listings may include text descriptions, video, graphics, pictures and other content relevant to the sale of that item, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work or work that you are legally entitled to use. All listed items must be listed in an appropriate category.
Feedback
Feedback belongs to Wahmbay although we permit you to use it on our Site while you remain a member. You may not do anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic.
Links from Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Indemnity
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
Legal Compliance
In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. In particular, you must ensure that your activities, items you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, you may wish to refer to http://www.austlii.edu.au.
You alone and not Wahmbay 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.
Governing Law & Jurisdiction
These Terms and Conditions are governed by the Laws of New South Wales, Australia
Variations
We reserve the right to amend the User Agreement at any time. Such variation will become effective immediately upon posting. As your continued use of Wahmbay will constitute acceptance of the revised terms of use you should regularly review them regularly.
Your Concerns
If you have any concerns about material which appears on our site, please contact us in writing:
MCS Consulting Services Pty Ltd
PO Box 526
Muswellbrook NSW 2333
Last updated 14 October 2010
Last updated 14 October 2010
