Terms and Conditions
The Mazrotary website at www.mazrotary.com (Website) is owned and operated by Mazrotary Pty Ltd (ABN 866 163 133 14) (Mazrotary).
Please read the following terms and conditions of use carefully before using the Website. In using the Website, you agree to be bound by these terms and conditions as they appear from time to time.
The Website, these terms and conditions and the services being offered by Mazrotary are subject to change at any time without notice. If we update or revise these terms and conditions, we will notify you either by email, or by posting the updated or revised terms and conditions on the Website.
1.1 Unless otherwise provided, in these terms and conditions:
Buyer means a User purchasing Goods from a Seller via the Website.
Goods means any goods listed on the Website by a Seller.
Intellectual Property Rights or IPR means all intellectual property rights, including but not limited to, the following rights:
(a) patents, copyright, rights in circuit layouts, designs, moral rights, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
(b) any application or right to apply for registration of any of the rights referred to in paragraph (a); and
(c) all rights of a similar nature to any of the rights in paragraphs (a) and (b) which may subsist anywhere in the world (including Australia),
whether or not such rights are registered or capable of being registered.
Listing Content is all information or content, whether published on the Website or not, submitted or uploaded by a Seller for the purposes of selling or offering for sale Goods via the Website, including but not limited to all text, artistic works, information, images, photographs, video clips, logos, trade marks, data, text, graphics, links or programming code.
Moral Rights means the right of integrity of authorship (that is, not to have a work subjected to derogatory treatment), the right of attribution of authorship of a work, and the right not to have authorship of a work falsely attributed which rights are created by the Copyright Act 1968 (Cth) or any other applicable law in the location from which the User has access to the Website.
Personal Information means information or opinion (including information or opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an actual person whose identity is apparent or can reasonably be ascertained from the information or opinion.
Personnel means the officers, employees, contractors (including subcontractors and their employees) and agents of Mazrotary.
Seller means a User advertising, promoting or offering Goods for sale via the Website.
Site Fees means all the fees specified by Mazrotary from time to time to maintain a listing or store subscription on the Website as set out here [www.mazrotary.com/site-fees].
User means any person who accesses the Website.
Website means the website made available at www.mazrotary.com.
2.1 The User acknowledges and agrees that:
(a) the User can use some limited aspects of the Website without registration, including to search Listing Content; but
(b) to use all functionality of the Website, including to buy and sell Goods via the Website, the User must register for an account and provide all the information required by Mazrotary as part of the registration process (User Information); and
(c) the User cannot register for an account if they are under 18 years of age.
2.2 By registering and providing the User Information, the User warrants that:
(a) the User will provide up-to-date, current and accurate information and will continually update all User Information as required;
(b) the User will keep the User's registration details, including username(s) and password(s), secure and confidential; and
(c) the User Information is not misleading, false, fraudulent or defamatory and does not infringe the Intellectual Property Rights of any third party.
3. Intellectual Property Rights
3.1 Except as permitted under the Copyright Act 1968 (Cth), or any other applicable law in the location from which the User has access to the Website, the User may not reproduce, distribute, adapt or publish copies of any information or material found on the Website (or the Website itself) in any form (including by e-mail or other electronic means), without Mazrotary's prior written consent.
3.2 All trade marks, copyright and other Intellectual Property Rights in the Website and the information and material contained on the Website is owned by or licensed to Mazrotary.
4.1 Mazrotary (including its authorised third party contractors) may use any data and information (including Personal Information) that has been submitted by the User for the purpose of registering with or otherwise using the Website, to provide the User with the Website, and for other purposes including to:
(a) customise any promotional or advertising material made available via the Website;
(b) contact the User with information regarding the Website; and
(c) monitor the User's use of the Website.
4.2 The Website may log (and Mazrotary may have access to) information about any computer used to access the Website (including the User's IP address, operating system and browser type) and the date and time of access.
4.3 Mazrotary cannot guarantee the security of any data transmitted via the Website. Any information submitted by the User using the Website is submitted at the User's own risk.
Users must not:
(a) transmit or post any information or material via the Website or Mazrotary's services (including to send messages to a Seller, Buyer or Mazrotary's personnel) which is offensive, defamatory, obscene, unlawful, false, misleading, vulgar, harmful, threatening, abusive, harassing or ethically objectionable;
(b) attempt to change, add to, remove, deface, hack or otherwise interfere with the Website or any material displayed on the Website, save and except for changing, adding to or removing the User’s own Listing Content;
(c) undertake any action that will impose a burden or make excessive traffic demands on the Website's infrastructure that Mazrotary deems, in its sole discretion, to be unreasonable or disproportionate site usage;
(d) impersonate any other person, real or imagined, or use another person's account;
(e) fail to pay for any item(s) they have purchased, unless Mazrotary at its sole discretion exempts the Buyer from paying for the item(s), because Mazrotary deems that a significant error has been made (such as a typographical error), the Seller has materially changed the item’s description after the Buyer’s bid was placed, or the Buyer is unable to contact the Seller;
(f) fail to deliver any item(s) they have sold and are paid for, unless Mazrotary at its sole discretion exempts the Seller from delivering the item(s), for reasons that include Mazrotary deeming that the Buyer has not paid for the item(s) in a reasonable timeframe, the Buyer having failed to comply with the posted terms in the listing or any other applicable terms or laws, or the Seller being unable to contact the Buyer, and provided that the Seller refunds to the Buyer the purchase amount;
(g) manipulate the price of any item or interfere with any other User’s listing(s);
(h) transfer their account (including any feedback) and/or User ID to any other person, without Mazrotary’s written consent;
(i) provide their contact information (including telephone number and email address) to any other User through any means of communication including via the Listing Content, messaging service or any other means. All communication between Users must occur through the messaging service provided by the Website; or
(j) post content which enables or encourages the purchase of items outside of the Website, such as including any URLs, hyperlinks, web addresses or any other information in Listing Content, emails, notifications, feedback or any other method of communication, intended to divert Users away from the Website.
6. Listing Content
6.1 Sellers may be permitted to upload Listing Content to the Website for display on the Website and/or use by Mazrotary from time to time, in accordance with these terms and conditions.
6.2 By uploading Listing Content to the Website, the Seller warrants that the Listing Content:
(a) is solely the Seller's responsibility, and that Mazrotary will be under no obligation to take steps to verify, vet or moderate any Listing Content;
(b) is not fraudulent or defamatory and does not infringe the Intellectual Property Rights, confidentiality rights, or privacy rights of any person;
(c) is not offensive, defamatory, obscene, vulgar, unlawful, harmful, threatening, abusive, harassing or ethically objectionable;
(d) is current, accurate and up-to-date;
(e) is truthful and contains no false, misleading or deceptive representations;
(f) is in respect of Goods that are Mazda rotary related cars, parts and memorabilia;
(g) does not contain information about a third party unless the Seller has the express permission of that third party to do so;
(h) has only been uploaded after the Seller has obtained any releases, permissions or consents required for use of the Listing Content;
(i) will be continuously updated by the Seller to ensure that it remains accurate and current;
(j) does not contain any computer viruses, macro viruses, trojan horses, worms or anything else which can interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; and
(k) will not cause the Website to be interrupted, damaged, rendered less efficient or be such that the effectiveness or functionality of the Website is in any way impaired.
6.3 The Seller warrants that:
(a) no Goods are counterfeit or stolen;
(b) the Seller has clear and unencumbered title to all Goods listed for sale; and
(c) the Seller has complied with all applicable laws in its jurisdiction in relation to the Goods and the Listing Content.
6.4 The Seller hereby grants to Mazrotary a non-exclusive, worldwide, perpetual, transferable, unlimited, irrevocable and royalty-free licence to use, reproduce, modify, distribute, publish, sub-licence and prepare derivative works from the Listing Content and Feedback.
6.5 For the avoidance of doubt, the Seller grants to Mazrotary all rights, licences and consents needed by Mazrotary to use the Listing Content for the purposes of operating the Website, conducting any aspect of its business and promoting Mazrotary generally.
6.6 To the extent permitted by applicable law, the Seller consents to all or any acts or omissions of Mazrotary (or persons authorised by Mazrotary) in connection with the Listing Content which would otherwise infringe the Seller's Moral Rights in any of the Listing Content.
6.7 Mazrotary reserves the right to reject, block, modify, suspend or remove any Listing Content at any time in its sole discretion. Mazrotary makes no guarantee that the Listing Content will actually be published or used on or in relation to the Website. If Mazrotary exercises a right under this clause, the Seller agrees that it is not entitled to waiver of any Site Fees that may be invoiced to the Seller.
7. Site Fees
7.1 Subject to paragraph 3, if a Seller lists an item on the Website, the Site Fees will be payable at the time a request is made to upload Listing Content, or at the time an item is sold, or such other time as Mazrotary may specify. The amount of the Site Fees will depend on the options selected for the listing. Mazrotary reserves the right to change the Site Fees or introduce new fees from time to time.
7.2 A Seller must have an accepted payment method on file when selling on the Website and must pay all Site Fees and applicable taxes associated with Mazrotary's services as incurred. All invoices issued by Mazrotary must be paid by a Seller no later than 30 days from the date of issue of the invoice.
7.3 A Seller who has a subscription to sell items via the Website (Store Subscription) must pay the Site Fees associated with maintaining the Store Subscription every 30 days as incurred.
7.4 All Store Subscriptions will automatically renew for successive periods of 30 days, and Mazrotary will invoice a Seller for the relevant Site Fees associated with maintaining a Store Subscription, until the Seller cancels their subscription through the Website.
7.5 Subject to clause 1, no part of the relevant Site Fees will be refunded to a Seller should the Seller cancel their subscription within the renewed period, or should a Seller's account be suspended or terminated in accordance with clause 10.
7.6 If payment of Site Fees is unable to be processed by Mazrotary for any reason whatsoever, Mazrotary reserves the right to suspend the User's account until all outstanding fees are paid in full. The User acknowledges that he/she is solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of Site Fees.
8.1 Except as may otherwise be indicated in Listing Content, Mazrotary is not the supplier or seller of any of the Goods advertised through the Website (but its directors, employees, agents or contractors may supply Goods via the Website in their personal capacity or another capacity). Mazrotary does not moderate interaction between Users, including transactions between Buyers and Sellers for the sale and purchase of Goods. As a result, Mazrotary has no control over the quality, fitness for purpose, safety or legality of the Goods listed, the compliance of any Goods with any applicable laws in any jurisdiction, the truth or accuracy of the listings or any Listing Content, the ability of Sellers to provide the Goods or the ability of Buyers to pay for Goods.
8.2 Sellers are entirely responsible for all Goods advertised via the Website. Any dispute between the User and another User, including between a Buyer and Seller, must be resolved directly by those Users. Mazrotary is under no obligation to resolve or assist the User in resolving a dispute with another User.
8.3 Mazrotary takes no responsibility whatsoever for the accuracy or truthfulness of information or Listing Content supplied by any Users (or any third parties) which is displayed on the Website. For clarity, the User acknowledges that Mazrotary takes no responsibility whatsoever nor makes any representations, either express or implied, as to lawfulness, quality, accuracy, reliability or credibility of information or material supplied or made available by Users and any third parties, including Listing Content, on the Website. Without limiting this paragraph, a Buyer is responsible for making all relevant searches, enquiries and investigations in relation to any Goods including, any written off vehicle register or register of security interests (including the Personal Property Securities Register or otherwise).
8.4 Mazrotary is not liable for any loss or damage resulting from any action taken, not taken, or any reliance made by the User on any of the information or material (including Listing Content and Feedback) posted on the Website. If the User uses or otherwise relies on any of the information on the Website, they are responsible for ensuring by independent verification its accuracy or completeness.
8.5 The Website may contain links to other third party websites. Mazrotary is not responsible for the content of any other websites or pages linking to or from the Website. Any links to another website should not be construed as endorsement or recommendation of any information or goods and services contained on or from that website or its operator. If the User chooses to follow links to other websites, they do so entirely at their own risk.
8.6 If a User accesses or uses this Website from outside Australia, the User does so at their own risk and will be responsible for ensuring compliance with all laws in the place from which the User is accessing or using the Website (or buying, selling or receiving any Goods). Mazrotary does not represent or guarantee that this Website, or the User's use of the Website, will comply with the laws of any country from which a User may access the Website.
9. Liability and indemnity
9.1 To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these terms and conditions. Where legislation implies any condition or warranty, and that legislation prohibits Mazrotary from excluding or modifying application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included but Mazrotary's liability will be limited for a breach of that condition or warranty to the minimum remedy provided for in that law. If a supply by Mazrotary under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that (to the extent the Australian Consumer Law permits Mazrotary to limit its liability), then Mazrotary's liability will be limited to:
(a) (goods) the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired; and
(b) (services) the cost of supplying the services again or payment of the cost of having the services supplied again.
9.2 The User acknowledges, that to the extent permitted by law, Mazrotary accepts no liability for any errors, omissions, expenses, losses or damages caused by:
(a) the User's access to and/or use of the Website, or inability to access and/or use the Website;
(b) without limiting paragraph (a):
(c) viruses or other malicious software obtained from use of the Website;
(d) damage to a User’s hardware device arising from use of the Website;
(e) representations made by any User, including a Seller, via the Website (including where inaccurate or incomplete information or material has been provided);
(f) the User's dealings with any other User arising from use of the Website;
(g) any failure in networks or servers used to provide the Website;
(h) the User’s need to modify practices, content or behaviour, or their loss of or inability to transact via the Website as a result of changes to these terms and conditions or Mazrotary's policies.
9.3 As a condition of the User's use of the Website, the User agrees to indemnify and keep indemnified Mazrotary and all of its Personnel against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against Mazrotary or its Personnel) that Mazrotary or its Personnel may sustain or incur as a result, whether directly or indirectly, of:
(a) any breach of these terms and conditions by the User;
(b) the User's access to and/or use of the Website; and
(c) any loss of, or damage to, any property, or injury to or death of any person caused by the User's access to and/or use of the Website.
10. Termination of access
Mazrotary may suspend or terminate any User's account in its sole discretion at any time and for any reason including, but not limited to, a breach of these terms and conditions or a failure to pay the Site Fees. Mazrotary may also impose other sanctions in its sole discretion.