Everything contained in this section cannot be moved around as it may alter the meaning and leave the website open to litigation.
This Agreement applies to you, the person named and described in the online application, the advertisement submitted by you, and the publication by gunshoponline.com.au /or its related bodies corporate (gunshoponline) of the advertisement.
Placing an Ad
You must comply with the following in order to place an advertisement with gunshoponline:
You must be 18 years or over;
If you are selling a firearm as a private person, you must be able to demonstrate that you hold a current valid Australian Shooters Licence;
Any transfers of firearms must be conducted through a registered dealer, in accordance with the laws in that State;
You must complete and submit the online application form and pay the prescribed advertising fee.
You must Provide all information for Your Ad (including any photographs) in the form required by gunshoponline;
You must describe the advertised Item accurately and list the condition of the item as per our guide (See FAQ);
You must remove Your Ad if the advertised Item is: (a) sold; or (b) withdrawn by You from sale;
You must comply with any relevant gunshoponline advertising policy;
Any third party material used in your Ad must be obtained with the permission of the owner;
You are responsible for all transactions entered into under Your user ID and password and must maintain the confidentiality of all Your user ID and password information required to access Your Ad and immediately change the password if it is lost, stolen or compromised in any way.
What You Must Not Do
You cannot offer for sale a firearm that you are not the owner of, or in all other cases, which You do not have the right to sell;
You cannot offer for sale any item that is not located in Australia unless you specify its Location Overseas clearly in the Advertisement and specify the price in Australian currency;
You must not submit an Ad which:
(a) does not comply with all relevant laws;
(b) is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
(c) infringes the intellectual property rights of any person including any company or organisation;
(d) is misleading or deceptive or likely to mislead or deceive including, photos or text that do not match the Item;
(e) offers multiple Items in a single Ad;
(f) include references or links to other websites or HTML enhancement text;
(g) includes anything which may adversely reflect on gunshoponline or any website on which Your Ad is published.
You must not alter or amend an Ad to describe or offer an Item that is different to the Item originally published.
Publication of Advertisements
gunshoponline is not bound to publish Your Ad until it has been accepted by gunshoponline. You will know your Ad is accepted when gunshoponline publishes Your Ad.
If accepted, gunshoponline will publish Your Ad as set out in the Application on the terms and conditions of this Agreement.
gunshoponline may republish Your Ad on such other websites, search engines, applications and print or other media as gunshoponline determines from time to time in its absolute discretion.
gunshoponline may refuse to publish, withdraw or terminate the publication Your Ad if it determines that:
(a)in its absolute opinion without notice, You are not a firearms licence holder or otherwise not entitled to place an Ad;
(b)You breach this Agreement; or
(c)You have not logged on to the administration pages of Your Ad for more than 90 days; or
(d)gunshoponline determines, in its absolute discretion without notice, to refuse to publish, withdraws or terminates the publication Your Ad.
While every endeavour will be made to publish Your Ad as submitted, You acknowledge and agree that gunshoponline will not (other than as set out in this agreement) be liable for any error, omission or failure to publish Your Ad in the form ordered, including acts or omissions of gunshoponline, its employees or agents.
Despite anything in this Agreement, gunshoponline has absolute editorial control in relation to the publication of Your Ad, including, but not limited to the format, position and placement of Your Ad.
Third party offers to republish Your Ad in print or other media are subject to separate terms and conditions. gunshoponline will not be responsible for third party terms and conditions, any services provided by the third party or resolving any dispute between You and any third party.
Cancellation and Withdrawal of Advertisements
Once Your Application is submitted to gunshoponline it cannot be cancelled. An Ad may be removed at any time after publication. All advertising fees remain payable and if paid, You will not be entitled to a refund.
When advertising with gunshoponline, it is expected that your ad will contain at least one clear photo of your firearm and that it complies with our Image Guidelines.
The photos uploaded must be your own property and clear images of the firearm you wish to advertise. Photos must not contain other items for sale unless they are part of the bundle and you are selling them all together. Items to be sold separately must be listed in a separate advertisement.
The first image must be cropped to suit our photo guidelines for listing view so that it will produce a thumbnail size of 500h x 150w. If your image at any time does not meet our guidelines we will contact you and ask you to change the image. We will delete the photo if it does not meet our guidelines. If there is continued breaches of the image guidelines a charge for each advert may be charged to you or your ad deleted.
If you cannot crop photos we do offer a service to do so that you can pay for, it is charged at $40/hour for 6 photos. If you have any questions or need more information, please contact us at: email@example.com.
Intellectual Property Rights
You hereby assign to gunshoponline all copyright and other intellectual property rights in Your Ad (other than third party material).
We will watermark images provided in order to protect them from illegal use.
You must pay the advertising fee at the rate and in the manner set out in the Online Application. The advertising fee is payable despite the termination of this Agreement or failure to publish an Ad which is caused by You.
You will not be entitled to a refund or credit if gunshoponline withdraws or terminates the publication of Your Ad if You were not entitled to place an Ad or You are otherwise in breach of this Agreement.
You indemnify gunshoponline against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against gunshoponline arising out of:
(a)a breach of this Agreement by You;
(b)any willful, unlawful or negligent act or omission by You;
(c)the publication by gunshoponline or any other person of Your Ad;
(d)the sale or offering for sale of any Item.
gunshoponline liability to You is Limited. gunshoponline will only be liable to You:
(a)where the law implies a term into these terms and conditions which cannot be excluded and gunshoponline breaches that term. Provided that, where the breach relates to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption and where it is fair and reasonable to do so gunshoponline liability is limited, at its option, to replacing, repairing or re-supplying the relevant goods or re-supplying the relevant services; or
(b)if the claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by gunshoponline.
Other than as set out above, gunshoponline will not be liable to You:
(a)for claims arising out of or in connection with this Agreement or the publication of Your Ad whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and
(b)for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
For the purposes of clauses relating to liability, the term gunshoponline will mean gunshoponline, its officers, employees, contractors and agents, whether individually or collectively.
As an advertiser on the gunshoponline network, please be aware that you may receive correspondence regarding the status of Your Ad. Such correspondence may include confirmation of the receipt and publication of Your Ad, confirmation of any changes made by You, and notification of possible changes to the status of Your Ad. We will also notify you of any changes to gunshoponline or associated websites that may have a direct effect on the content or appearance of Your Ad.
This correspondence forms part of this service and is necessary for the management of Your Ad. If You do not wish to receive this correspondence please do not submit an advertisement for publication on gunshoponline network.
Laws Governing This Agreement
This Agreement is governed by and construed in accordance with the laws of the State of Victoria Australia and by entering into this agreement You irrevocably submit to the exclusive jurisdiction of the courts in that State.
This Agreement comprises the Application, gunshoponline Terms and Conditions of Use, and any warranties implied by law which cannot be excluded form the entire Agreement. All other terms whether express or implied are excluded. This Agreement will prevail to the extent of any inconsistency with the Terms and Conditions of Use.
If any provision of this Agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will apply.
All rights not expressly granted are reserved.
gunshoponline may, in its absolute discretion, modify or amend this Agreement and such modifications or amendments will be binding upon You once displayed on this web site. You should regularly check theses terms and conditions displayed on this web site.
gunshoponline.com.au is bound by the Privacy Act (1988).
gunshoponline collects personal information that it considers necessary for it, or its related bodies corporate to provide the range of services they offer.
Personal information collected by gunshoponline may include: your name, suburb, city and contact details bank account and credit account details User ID's and passwords, the services provided to you, records of communications with gunshoponline including records using Communications Services.
Personal information is collected directly from you when you provide information directly to gunshoponline in person, by phone or in writing (whether electronic or otherwise), directly from you when you communicate with gunshoponline or any other person using gunshoponline Communications Services from third parties such as:
gunshoponline related companies;
resellers of gunshoponline services and service providers to gunshoponline;
operators of linked or served web sites, applications;
advertising on the gunshoponline network from organisations identified or described under the heading "How Personal Information is Used"
customer service and billing;
researching, developing and improving our services;
conducting surveys to determine use and satisfaction with gunshoponline services;
the generation of statistics in relation to the gunshoponline Network;
the promotion and marketing of special offers and other services to you;
for purposes connected with the operation of the gunshoponline Network.
If you do not want to receive these please let us know by selecting the "opt out" option for receiving further emails.
Your personal information may be disclosed:
to staff and gunshoponline bodies corporate;
to the public if you advertise with gunshoponline or use publicly available Communications Services;
to individuals and organization that advertise with gunshoponline;
if you submit an enquiry with gunshoponline.
Who receives your personal information is dependent on your inquiry but may include:
licensed firearms dealers;
You can avoid having your personal information disclosed to these individuals and organisations by not submitting enquiries.
Outsourced service providers who assist gunshoponline to provide its services can include:
information technology providers;
marketing and market research advisers;
resellers of gunshoponline services organisations involved in a sale/transfer of gunshoponline assets, business or shares;
government and regulatory authorities as required by law.
What if you don't provide personal information?
If you choose not to provide personal information when requested, it may not be possible for gunshoponline to provide you with the full range of gunshoponline services.
Please note that when you visit a website or use an application on the gunshoponline Network, gunshoponline records anonymous information such as IP address, time, date, referring URL, pages accessed and documents downloaded, the type of browser being used and your computer’s operating system.
Cookies may be used by gunshoponline to help gunshoponline provide you with the full range of services it offers, to remember your preferences, measure and analyse usage of the gunshoponline Network and for security. Cookies may collect and store your personal information. Please check your internet browser settings if you wish to disable cookies. Disabling cookies means that gunshoponline may not be able to provide you with the full range of gunshoponline services.
What if I have a problem?
If you have a problem, complaint, want to change your personal information or just wish to enquire about privacy please contact us at firstname.lastname@example.org
This policy may change over time. All changes will be published on this website. About security and personal Information gunshoponline takes reasonable steps to protect personal information collected from misuse, loss, unauthorised access, modifications or disclosure Please be aware that this is a classifieds website and certain information is made public when you register an account for people to be able to contact you about items you may have listed or going to list on our website, such as name, email address & phone
number you provide. This information is made public on the internet for purposes of selling your items. You do not need to register to view ads on gunshoponline or contact sellers. You will need to register in order to sell items and the information you provide such as name, email address, phone number and state will be made available on the internet for buyers to contact you. We do not require you have a phone number but you will need to provide a means for contact, such as an email address.
** Everything contained in this section above cannot be moved around as it may alter the meaning and leave the website open to litigation.