BOUNTYE TRADING PTY LTD - 5260 4505 802
Welcome to Bountye. Bountye is a mobile-only, peer-to-peer marketplace that provides consumers with transactional capabilities to buy and sell both new and used items.
Bountye provides this marketplace to you subject to the following terms and conditions, which constitute an agreement between you and Bountye Trading Pty Ltd ABN 5260 4505 802 (Bountye) in relation to your use of the Bountye website located at www.bountye.com and/or mobile application called [Bountye] (each, a Platform) (the User Agreement). Please read the User Agreement carefully. By using or accessing a Platform, you agree to be bound by the User Agreement. If you do not wish to be bound to the User Agreement, you must refrain from using the Platforms. If you represent a company or other legal entity, you warrant that you are authorised to bind, and acknowledge that your access to, or use of, a Platform binds, that entity to this User Agreement.
This User Agreement must be read in conjunction with any other applicable terms, conditions and notices governing the use of a Platform. If you violate this User Agreement, or any other terms, conditions or notices governing use of any portion of a Platform, Bountye reserves any resulting legal rights it may have.
In the event that any provision of this User Agreement is determined to be unenforceable, such provision shall be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted by law, and shall not affect the validity and enforceability of any remaining provisions.
Bountye's Platforms are venues, which permit anyone to offer, sell or buy products. Bountye is not an auctioneer and is not involved in the actual transaction between any buyer and seller. Further, you acknowledge that Bountye does not take ownership of any item listed on a Platform at any time and does not transfer legal title from any seller to any buyer.
You alone, and not Bountye, are responsible for ensuring that your listing, bidding and selling, and any other activities conducted on a Platform are lawful. You must ensure that you comply with all applicable laws in Australia and other countries where a transaction you complete takes place. You must also ensure that you comply with this User Agreement and the policies it references. To the extent of any inconsistency between the terms of this User Agreement and any policy referred to in this User Agreement, the policy will prevail.
Bountye explicitly prohibits use of the material on a Platform in any manner other than as expressly licensed in this User Agreement. With regards to your use of or participation in any interactive facility on a Platform, you acknowledge and agree that:
As a member of the Bountye community, you must comply with all applicable laws. Additionally, you must not:
Specifically, when listing, buying and selling items you must not:
You must, at Bountye's request, do all things necessary and desirable, either to give effect to this User Agreement or to help Bountye comply with all regulatory directions and obligations.
You agree that you alone are solely responsible for the information and content you post on a Platform, as well as the consequences that arise from your listings.
Without limiting other remedies available to Bountye at law, in equity or under this User Agreement, Bountye reserves the right, in its sole discretion, to:
without notice if Bountye considers that you've acted in a way that is inconsistent with the spirit of the Bountye community, including without limitation if Bountye:
If another user reports you, or if it appears that you or any of your listings breach this User Agreement or any policy referenced in it, Bountye reserves the right to issue you with a warning. If you receive three warnings, Bountye may, with or without warning:
Bountye is not obliged to provide you or other members the details of any investigation that it conducts or any action which it takes, in relation to your use of a Platform.
Please report any offensive content, fraud or policy breaches to Bountye by following the "Report User" prompts on the relevant Platform.
Neither Bountye nor its related bodies corporate accept liability for monitoring the Platforms. Bountye does not, under any circumstances, endorse or accept any responsibility for any unauthorised, unlawful, or inappropriate content published on a Platform.
Using Bountye to browse for and buy items is free.
Sellers must pay to Bountye a fee of 4.9% and 1.1% transaction fee of the sale price of each item purchased through a Platform. This fee helps cover the cost of processing payments and keeping the Platform in good shape for you. Sellers incur absolutely no other fees.
Bountye's fees are non-refundable, and they will be deducted from the total amount of the sale price at the time the payment is processed.
If fees are not paid in a timely manner, Bountye may collect fees owed using any payment method or payment information you have provided to Bountye, or by engaging a collection agency or legal counsel.
In order to access the Bountye services, you will be asked to create a Bountye account. In connection with creating an account, you must provide certain information and answer all required fields. You agree: (i) that the registration data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such registration data to keep it true, accurate, current and complete; and (iii) that Bountye may contact you and require you to verify some or all of your registration data prior to use of the Platforms.
Bountye reserves the right to refuse to provide you with any and all current or future use of the Platforms if in Bountye's reasonable opinion, any of your registration data is, or appears to be, untrue, inaccurate, out of date or incomplete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities, charges and/or liabilities that occur from your account, whether or not authorised by you. You must immediately notify Bountye of any unauthorised use of your account credentials or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this notification obligation.
Bountye's Platforms contain content created by Bountye, by you and by other members of the Bountye community.
Copyright in the Platforms (including text, graphics, logos, icons, layout, design, sound recordings, video, software and advertisements) is owned or licensed by Bountye. Except where expressly permitted, you may not in any form or by any means, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location:
without Bountye's written permission or, in the case of third party material, the permission of the owner of the copyright in that material.
Unless Bountye agrees otherwise in writing, you are provided with access to the Platforms only for your personal use. You are authorised to view, retrieve, personally store and print a copy of any information contained on a Platform for your personal use, unless expressly prohibited by Bountye. Without limiting the foregoing, you may not without written permission from Bountye, on-sell information obtained from a Platform.
Your listings must be created personally by you and contain only your own content. Content displayed on a Platform is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions. You warrant that you are the owner of, or are licensed to use and sublicense, all intellectual property rights in content you submit to a Platform, and that such submission does not infringe the intellectual property rights or other rights of third parties (such as privacy). You agree to indemnify Bountye, and keep Bountye indemnified, against any loss or damage suffered or incurred by Bountye arising out of a third party claim in relation to your breach of this warranty.
When providing Bountye with content or causing content to be listed using Bountye's services, you grant Bountye a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future.
If you are the owner of copyright, trademark or other such rights and you consider there has been an infringement of your rights, please contact us by tapping "Report User" on the relevant Platform or by emailing email@example.com.
A Platform may reference or provide links to third party sites. Bountye does not control these sites or the content within them. Bountye does not endorse, guarantee, represent or warrant the accuracy, legality, decency, copyright compliance or any other aspect of the content of any such site, nor does it warrant that they will not contain viruses or otherwise impact your device. Bountye does not represent any affiliation with the third party site owners or operators, nor that it has approval to display the links. Owners or operators of third party sites linked to a Platform can contact Bountye firstname.lastname@example.org to request the removal of the link from that Platform. You must not create or maintain any link from another website to a Platform without Bountye's written consent.
Where the information made available on a Platform contains opinions or judgements of third parties (including designers, marketing companies, and other contributors referenced or featured on a Platform), Bountye neither endorses nor warrants the content of any such opinion or advice, and will not accept liability for loss or damage caused by your reliance upon any information obtained through this service.
You may not make any claim against Bountye for any damages or losses whatsoever resulting from your use of a link to any third party site.
Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding Bountye is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the feedback to others without limitation or obligation.
Bountye is not responsible for the actions or omissions of any user. When you enter into a transaction you create a legally binding contract with another user of a Platform. You must ensure that you comply with your obligations to that user, and with any other obligations you have at law as the result of being a buyer or a seller. If another user breaches an obligation it owes to you, you are responsible for enforcing any rights you have directly against that user. If a dispute arises between you and another member of the Bountye community, we strongly encourage you first attempt to resolve it directly with the other member.
If you have a dispute with one or more other members of the Bountye community, you release Bountye (and its officers, directors, agents, subsidiaries, joint venturers and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you have a dispute with Bountye, Bountye will attempt to provide a neutral and cost effective means of resolving the dispute quickly. Bountye will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Please contact Bountye at email@example.com to register a dispute.
You may report the misconduct of users, third party advertisers, service and/or product providers referenced on a Platform to Bountye at firstname.lastname@example.org . Bountye may investigate the claim and take appropriate action. Bountye reserves the right to utilise its discretion in the exercise and implementation of its policies in order to achieve a beneficial outcome for any users engaged in a dispute.
On the Platforms, peer reviews are illustrated in the form of a star scale system with no written reviews. The reflected stars show the overall combined average of all the reviews a user has received.
After a transaction has been completed, notification emails are sent out for users to rate one another. Ratings must be honest and accurately reflect the experience of the transaction. It is against Bountye's policy for a buyer or seller to make demands or threats in regard to ratings, or leave an unnecessarily low rating for another user.
You may close your account at any time, provided that you do not:
Bountye's services are provided "as is" and Bountye provides no warranties or guarantees about the use of Bountye's services, the content of the Platforms or their specific functions and their reliability, availability or ability to meet your needs. Bountye can not ensure that files downloaded from a Platform will be free of viruses, contamination or destructive features. Further, Bountye cannot guarantee continuous or secure access to the Platforms, and their operation may be interfered with by numerous factors outside of Bountye's control.
Certain jurisdictions impose specific warranties, like the implied warranty of merchantability, fitness for purpose or non-infringement. To the fullest extent permitted by law, Bountye excludes all warranties.
Where permitted by law, Bountye and its related bodies corporate will not be responsible for lost profits, revenue, data, financial losses or indirect, special, consequential, exemplary or punitive damages.
To the extent permitted by law, the total liability of Bountye and any of its related bodies corporate for any claims under these terms, including under any implied warranties, is limited, at Bountye's election, to:
In all cases, Bountye and any of its related bodies corporate will not be liable for any loss or damage that is not reasonably foreseeable.
In no event does Bountye accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging illegal or unlawful conduct.
In some countries, including Australia, you may have specific consumer rights if you fall within the definition of a consumer under consumer protection laws. Nothing in these terms limits such rights where they cannot be waived by contract.
If you are a consumer for the purposes of the Australian Consumer Law (schedule 2 of the Competition and Consumer Act 2010 (Cth)), you may be entitled to certain warranties or protection under that legislation. For more information please visit www.accc.gov.au or the applicable state fair trading website.
You agree to indemnify and hold Bountye, its related bodies corporate, affiliates, officers, agents, contractors and other partners and employees, harmless from any loss (including indirect or consequential loss), liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your use of a Platform, including your use of that Platform to provide a link to another site or to upload content or other information to the Platform, and your infringement of any law or the rights of a third party in the course of using a Platform.
This User Agreement is governed by the laws in force in New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales, and any court that may hear appeals from any such court, for any proceedings in connection with this User Agreement.
Any notices or other communications regarding your account and/or your use of the Bountye services may be provided to you electronically. You agree to receive communications from Bountye in electronic form. Communications will be posted on our website and/or sent to the email address you provide to Bountye during the registration process. Alternatively, Bountye may give you legal notice by mail to the address provided by you during the registration process.
Any notices to Bountye should be given by mail to:
Notices given by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Notices given by mail will be deemed given three days after the date of mailing.
Bountye may transfer or assign this Agreement, and any right or obligation under this User Agreement, to a third party without your consent.
Bountye reserves the right to revise this User Agreement without notice at any time by posting a revised User Agreement on the Platforms. If Bountye makes a material revision to this User Agreement which may negatively impact your use of the Bountye services, we will email you a notification which will include the date on which the revision will take effect. We will provide you with at least 30 days notice of such a revision. The date at the top of this User Agreement will indicate the date it was last revised. Your use of the Platform following an update of this User Agreement constitutes acceptance of the User Agreement (as revised). We encourage you to review this User Agreement each time you use a Platform to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this User Agreement, you must immediately terminate your use of Bountye.
You are fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this User Agreement and all Bountye policies. You acknowledge and agree that Bountye is not your agent for any purpose in relation to your use of a Platform.
By listing an item on a Platform, you agree to pay Bountye's fees for the listing, assume full responsibility for the content of the listing and item offered, and acknowledge and agree that any item you list for sale:
You are responsible for complying with all laws and regulations applicable to the sale and delivery of items whether in Australia or to international buyers.
By agreeing to purchase an item from a Platform, you assume full responsibility for reading the full item listing before making a commitment to buy.