By using the Site in any manner (even just browsing), you (the “user” or “you“) are bound by this Agreement, including those additional terms and conditions, and policies referenced in this Agreement or available by hyperlink. This Agreement applies to all users of the Site, including, without limitation, users who are vendors, customers, merchants, or contributors of content, information, and other materials or services on the Site.
If you have any questions, please refer to our help.
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Mobility Sales from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Mobility Sales acts as a marketplace, or venue, to allow users who comply with Mobility Sales’ policies to offer, sell and buy within a fixed-price format. Mobility Sales curates this marketplace, and endeavors to recruit and limit participation in this marketplace to high-quality brands, and merchants that deliver a high-quality buying experience. Nonetheless, Mobility Sales is not directly involved in the transactions between buyers and sellers. As a result, Mobility Sales cannot ensure the quality, safety, morality or legality of any aspect of the offers listed, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items. Mobility Sales cannot ensure that a buyer or seller will actually complete a transaction.
(B) LEGAL OWNERSHIP OF ITEMS
Mobility Sales does not transfer legal ownership of items from the seller to the buyer. Mobility Sales will encourage sellers on the marketplace to help buyers know them and understand their unique stories but cannot guarantee the true identity, age, and nationality of a user. Mobility Sales encourages you to communicate directly with potential transaction partners. You may also wish to consider using a third-party escrow service or services that provide additional user verification. Mobility Sales is a venue, and, as such, is not responsible or liable for any content (for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Mobility Sales). You use the Mobility Sales service at your own risk.
MEMBERSHIP AND ELIGIBILITY
To sign up to use the Site, you must register for an account and create an Mobility Sales profile (an “Account“). You must provide accurate and complete information and keep your Account information updated. You will not select or use as a username any name that is: (i) the name of another person with the intent to impersonate that person; (ii) subject to any rights of a person other than you without appropriate authorization; or (iii) otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your password secure. You may not use another person’s user account or registration information for the use of the Site without permission. You must notify Mobility Sales immediately of any change in your eligibility to use the Site (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your Account. You may not publish, distribute or post login information for your Account. By registering your Mobility Sales Account through a third party service, such as Facebook Connect, you are bound by all applicable policies of such third party service and will comply with them.
Mobility Sales’ services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old, and that all registration information you submit is accurate and truthful. Mobility Sales may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to keep your password confidential. You will immediately notify Mobility Sales of any unauthorized use of your password or any breach of security. You also agree that Mobility Sales cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You will not provide your Account credentials to any party without Mobility Sales’ express written permission.
(D) ACCOUNT INFORMATION
You must keep your account information up to date and accurate, and maintain a valid email address at all times. To sell items on Mobility Sales you must provide, and maintain, valid payment information such as valid credit card information or a valid PayPal account.
(E) ACCOUNT TRANSFER
You may not transfer or sell your Mobility Sales account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
(F) RIGHT TO REFUSE SERVICE
Mobility Sales’ services are not available to suspended Mobility Sales members. Mobility Sales reserves the right, in Mobility Sales’ sole discretion, to cancel unconfirmed or inactive accounts. Mobility Sales reserves the right to refuse service or an aspect of its service to anyone, for any reason, at any time, in Mobility Sales’ sole discretion. Access to the Site is offered only for your use, and not for the use or benefit of any third party.
You may cancel your account at any time; provided, however, that the effective date the cancellation will be determined by Mobility Sales to ensure that pending transactions have been completed and any other matters have been resolved.
DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES
Mobility Sales, Mobility Sales’ subsidiaries, officers, directors, employees, and Mobility Sales’ suppliers provide Mobility Sales’ web site and services “as is” and without any warranty or condition, express, implied or statutory. Mobility Sales, Mobility Sales’ subsidiaries, officers, directors, employees and Mobility Sales’ suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Mobility Sales will create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Mobility Sales does not guarantee continuous, uninterrupted access to the site, and operation of the site may be interfered with by numerous factors outside Mobility Sales’ control.
In no event will Mobility Sales, and (as applicable) Mobility Sales’ subsidiaries, officers, directors, employees or Mobility Sales’ suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Mobility Sales’ services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
(B) LIABILITY LIMITS
Mobility Sales’ liability, and (as applicable) the liability of Mobility Sales’ subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to Mobility Sales in the 12 months prior to the action giving rise to liability, or (b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You will indemnify, defend and hold harmless Mobility Sales, its subsidiaries and affiliated companies, their successors, assigns, merchants, publishers, curators, insiders, employees, customers, and users of products, against all damages, expenses, liabilities, claims, suits, demands, costs, attorneys’ fees or losses of every kind, arising out of, or alleged to have arisen out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of the third party. Mobility Sales will have the right to participate in its defence and hire counsel of its choice at your expense. The provisions of this section will survive the acceptance of and payment for the products hereunder, and any termination or expiration of an order for products or this agreement. If you are a merchant on the Mobility Sales site, you are party to the merchant agreement, and you are subject to the indemnity provisions of the merchant agreement.
NOTICES, INTELLECTUAL PROPERTY
Except as explicitly stated otherwise, any notices will be given by postal mail to:
c/o Mobility Digital Pty Ltd
Attention: General Counsel
40 Sturt Street,
Adelaide SA 5000
or, in your case, to the email address you provide to Mobility Sales (either during the registration process or when your email address changes). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Mobility Sales may give you notice by certified mail, postage prepaid and return receipt requested to the address provided to Mobility Sales. In such case, notice will be deemed given three days after the date of mailing.
(B) INTELLECTUAL PROPERTY
For issues with intellectual property, please provide the notice as specified in our Copyright and Intellectual Property Policy.
LEGAL DISPUTES, CLASS ACTIONS
. Survival. The following sections and policies (including those as applicable by their nature) will survive any termination or expiration of this Agreement:
- Disclaimer; Liability Limit; Indemnity
- Notices; Subpoenas
- Fees and Billing Policy
- Legal Disputes Policy
- Trademark Use Guidelines
In addition, each policy incorporated by reference may specify additional terms that will survive this Agreement.
- Force Majeure. Mobility Sales will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond Mobility Sales’ reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
- Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
- Relationship. You and Mobility Sales are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
- Governing Law. The governing law for this agreement is set forth in the Legal Disputes Policy.
- Disclosure. The services hereunder are offered by Mobility Sales, located at 40 Sturt Street, Adelaide, SA 5000. If you are a SA resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
- Entire Agreement. The terms and conditions set forth in this Agreement, including its sub-policies are the complete and exclusive agreement between Mobility Sales and you, and supersede all prior or contemporaneous oral or written understandings or negotiations, and all past dealing or industry custom, with respect to its subject matter.