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Terms & Conditions

Introduction


Welcome to Ockalist your new local Australia classifieds site, where you can post your free ad here, look for items for sale, services, cars, jobs, realestate, and more.  When you use the Ockalist services ("the Services") you accept and agree to be bound by these terms and conditions (the 'Terms of Use" or "Agreement"). If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Website and discontinue use of Ockalist immediately.

These Terms of Use of Ockalist may be changed or modified at any time without further notice and then changes will be posted on this page. It is your responsibility to review this Agreement regularly from time to time. If any change is unacceptable to you, you shall stop using the Website.

This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time for any reason. Ockalist may terminate your membership for any reason at any time. Even after your membership is terminated, this Agreement will remain in effect.

When you sign up for an account, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member profile or access to your password. You are solely responsible for any and all use of your Member profile.
Eligibility

All Services provided by Ockalist are only for those who are at least thirteen (13) years old or older. When you access and use the Ockalist Services, you certify that you are at least thirteen (13) years old.
Proprietary Rights in Content on Ockalist.
Ockalist does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials ("Content") that you post on or through the Ockalist Services. After posting your Content to the Ockalist Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Ockalist Services, you hereby grant to Ockalist a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Ockalist Services, including without limitation distributing part or all of the Ockalist Website in any media formats and through any media channels.The license you grant to Ockalist is non-exclusive (meaning you are free to license your Content to anyone else in addition to Ockalist), fully-paid and royalty-free (meaning that Ockalist is not required to pay you for the use on the Ockalist Services of the Content that you post), sub licensable (so that Ockalist is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Ockalist Services), and worldwide (because the Internet and the Ockalist Services are global in reach).

Ockalist hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the Ockalist Content (excluding any software code) solely for your personal use in connection with viewing the Ockalist Website and using the Ockalist Services.

You represent and warrant that: (i) you own the Content posted by you on or through the Ockalist Services or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your Content on or through the Ockalist Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

The Ockalist Services contain Content of Users and other Ockalist licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Ockalist Services. Ockalist reserves the right (but it's not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.
Classified limitations
The Ockalist Website limits the number of classifieds one member can post daily as follows: 10 ads daily.
Content posted and user's conduct
The Ockalist Website is designed as a place for placing classifieds and other information. It is important to us, and you, that it stays a safe and friendly environment.

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Ockalist Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the Content of your transmissions through the Ockalist Website.

We reserve the right to report all illegal activity or User Content to the proper authorities.

We provide in this Section a list of Content that is illegal or prohibited on the Website.
Please read the following carefully before placing a Ad.

We will delete your Ad immediately, if we find that you post any of this Content. Repeat offences will lead to terminatation of your membership
  • Ads placed from outside of Australia and New Zealand are not allowed.
  • All goods and services advertised must conform to current laws and regulations in Australia.

  • Only ads in English are allowed.

  • The ad headline should be short and descriptive of what you are trying to sell / buy.

  • Do not put price, year or mileage details in the headline.

  • Do not Place ads for pure marketing purposes, without offering a concrete good or service.

  • Do not Place ads containing porn, nudity or other inappropriate material in any other category except "Adult Personals" category.

  • Do not Place ads that could be offensive to an individual or public person, or to an ethic group.

  • Do not Place more than one version of the same ad.

  • Do not Advertise "make money fast" business proposals or pyramid selling schemes.
    Concrete, well-explained "work from home" businesses might be allowed, but these types of services are usually not accepted as ads.

  • Do not Use an irrelevant picture. The picture you submit should have an obvious relation to your ad.
    Please make sure that the picture is not copyrighted (unless by yourself).

  • Do not Make references to other websites in the ad headline.

  • Do not Place items clearly belonging to different categories in the same ad.

  • Do not Link or refer your ad to other classified sites, auction sites, On-line dating & personals sites and real estate directory sites. Ockalist Admin reserves the right to delete web url links deemed as inappropriate without prior notice.

  • Do not include material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18;

    Other Prohibited Listings include:

  • Ads that involve the transmission of "junk mail," "chain letters," "spam" or any other unsolicited mass mailing, emailing or other communication;

  • Ads that include any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive or (3) is threatening, obscene, defamatory or libelous;

  • constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images or video or links to pirated music, image or video files or (4) Content which otherwise violates the terms of Copyright Section below;

  • Ads that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;

  • Ads that solicit passwords or personally-identifying information for commercial or unlawful purposes from other Members;

  • Ads that constitute or include any promotion, sales or other commercial activity such as contests, sweepstakes, barter or advertising;

    Ockalist reserves the right to approve, or reject, and in some cases edit, all ads placed on Ockalist, without prior consultation.
    Paid Feature Ads that violate our terms and conditions will also be deleted and are non-refundable.
Even though all of the above Content is strictly prohibited, the Website still may contain some material that you might find objectionable. If so, neither we nor any of our  employees, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure. Please see Sections of limitations on our liability.
Classifieds Services, Rates and On-line Period
All Content, such as classifieds, notices and announcements on the Website are free of charge. Upon succesful submission, your ad will be instantly posted upon verification of your email address. Furthermore, Ockalist provides you opportunity to obtain better result of placing your ads for more Users of the Website, potential buyers or clients could read information you want to share. During procedure of posting your classifieds you will be proposed alternative options of your information:
  • Regular (which means free of charge as stated above), when your classified to placed in the sections on the Website chosen by you and by the type of information you post in order of creation. In this option your ad will be posted on-line for 30-90days depending on the Category.
  • Featured (which is paid by you), when your classifieds will be placed on the top of appropriate page.  The charge for one featured classified for 30 days is 5.00 AUD  and to be paid via PayPal.
Copyright

We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any information that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity without prior written consent of the owner of proprietary rights.
Member Disputes
You are solely responsible for your interactions with other Members and third parties connected to the Services, such as advertisers etc.
Disclaimers

We are not responsible for the conduct (online or offline) of any Member or other User or Visitor of the Website. Under no circumstances will we be responsible for any loss, liability or damage, including personal injury or death or propery damage, resulting from or arising out of anyone's use of the Website, any Content posted on the Website or transmitted to Members or other Users or any interaction between or among Members or other Users of the Website, whether online or offline.

We are not responsible for any incorrect or inaccurate Content Posted on the Website, whether made or caused by users of the Website, Members, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the Website. The Website and the Service are provided "AS IS", without any guarantees, conditions or warranties that Content will be accurate. And, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us or from or through the Website or the Service shall create any warranty not expressly stated herein. We have no control over, or responsibility for, authenticity and accuracy of Materials posted by Users on the Website.

Limitation of Liability
Your use of the Ockalist Website is at your own risk. Under no circumstances, will Ockalist be liable to you, or any third party, for any indirect, consequential, exemplary, incidental, special or punitive damages and/or lost profit arising from your use of the Website, even if Ockalist Website has been advised of the possibility of such damages. Notwithstanding, anything to the contrary contained herein, Ockalist's liability to you for any cause whatsoever, and regardless of the form of action, will at all times be limited to the greater of any amount by you to Ockalist for the Services.
Miscellaneous

This Agreement contains the entire agreement between you and Ockalist regarding the use of the Website and Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Ockalist to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

Without limiting the foregoing, under no circumstances shall Ockalist be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, computer equipment failures, Internet failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.