Please carefully read all of these terms of use of this website. This is the basis upon which flarben(ABN 66 702 786 156) (“flarben”) agrees to provide You with access to and the right to use the platform. By using this website, You agree to the following terms, including Your agreement to pay the fees as set out in the respective Selling Fee Schedule shown in the attachment.

Please note that the use of the platform allows You to enter information including about You and Your business. This may include personal information such as names, email addresses, and phone details. Flarben respects Your privacy and privacy of others and will use this information in accordance with flarben’s Privacy Policy.

Terms

In these terms (“Terms””), “We” “Us” and “Our” refers to flarben. “You” “Your” refers to You, the user (“User”). This Website is owned and operated by flarben under the domain name “www.flarben.com.au”. Any reference to the “Website” refers to this website. We reserve the right to amend these terms at any time and Your use of the Website following any amendments will represent Your agreement to be bound by these amended terms. We therefore recommend that each time You access our Website and You read these terms. Your use of the services, information, text, graphics, materials and other content on the Website is governed by these Terms.

Your use of this Website (for both registered and unregistered users) indicates Your agreement to be bound by the Terms.

Conditions of Use

To register as a User, You must be over the age of 18 and You must provide accurate personal information, including Your full name and address and Your email address and phone number. Flarben will deal with Your personal information in accordance with its Privacy Policy.

You must keep Your username and password to access the Website secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to flarben that You accept all liability for any unauthorised use of any username and password issued to You.

Flarben’s Obligations

Flarben’s role is only that of facilitation and has no obligation in any form, to You or to any person / entity placing an offer or registering an interest in any offer on the Website. We provide an information platform for both registered and unregistered users.

Limitation of Liability

To the full extent permitted by law, except as expressly provided in these Terms, flarben does not give any warranties in respect of the Website or Products purchased and excludes all liability of any kind, however arising, for any loss incurred by You, for any defects and any errors, inaccuracies or omissions in the Website or any information communicated by flarben by means of the Website or otherwise. If flarben considers that information on the Website is unreliable or inaccurate, flarben may, as its only obligation in that regard and at its election to use reasonable efforts:

to inform You if You have made a purchase of the error, inaccuracy or omission;

to endeavour to make an appropriate correction;

to remove any content, including but not limited to links to other websites, without giving any explanation or justification; or

to suspend the operation of all or any part of the Website.

In no event will flarben be liable to You nor to any third party for any loss or damage of any kind arising from Your use of the Website, Your reliance on any information found on the Website or any technical failures, delays in operation or transmission or malfunctions in equipment or software.

Important note: In the event that the supply of services under or incidental to these Terms constitutes a supply of services to a consumer as defined in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (“the Australian Consumer Law”) nothing contained in these Terms excludes, restricts or modifies any condition, warranty or other obligation in relation to these Terms to be supplied hereunder where to do so is unlawful. To the full extent permitted by law, flarben’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which You may sustain or incur, shall be limited to:

in relation to services:

the supplying of the services again; or

the payment of the cost of having the services supplied again, in each case as flarben may elect.

Pricing on the advertisements

All prices provided and set on the Website are the responsibility of the third party advertisers publishing the item. flarben provides a platform only for the seller and buyer and will not be responsible or drawn into any negotiations or disputes as a result of the listing. Flarben does not guarantee the accuracy of pricing information on the Website. Please note that no preferential treatment will be given to particular companies over others.

Use of the Website

Material contained on the Website is supplied solely for reference purposes. You agree that You will not: disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or Linked Websites; disrupt or interfere with any other user’s enjoyment of this Website or Linked Websites; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website; use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through it; use any robot, spider, metatags, other automatic device or manual process to monitor or data mine, alter, modify, any Web pages on the Website, or any of the content contained within.

The services and material made available on the Website is provided as general information only. The material is not professional, expert nor other advice and is not to be used as a substitute for such advice. Any statements made on the Website may not be appropriate, correct or sufficient for Your circumstances; should not be relied on as the only reason You do or don’t do anything; and may not be continually accessible or free from errors or viruses.

Our Rights

Flarben reserves the right to suspend or terminate Your registration without notice if We suspect that You have engaged in fraudulent activity in connection with our Website, or if You post offensive or inappropriate messages or content on the Website. We may withdraw or alter any material You provide us (including any content You submit and if You are a seller or buyer, Your ad) if:

(a) we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies), any law or third party rights; or (b) we are instructed to do so by any third party, including any appropriate regulatory body.

While it will not be Our practice to manage or change the content of any contributions we reserve the right to edit or remove any information deemed to be inappropriate, offensive, misleading or deceptive or defamatory. We do not need to provide You with any reason for doing so.

Warranties

Whilst reasonable steps have been undertaken to ensure that information is free from error, flarben does not warrant the accuracy, adequacy or completeness of material on the Website. You are responsible for assessing the accuracy of all material presented on the Website and rely on such material at Your own risk. All information is subject to change without notice. We do not warrant or represent that our services and/or Your access to the Website will be continuous, uninterrupted, timely, fault free, virus free or secure, due to numerous factors outside our control (such as malfunction in equipment or software, difficulties accessing the Internet, or delay or failure of transmission.

The Website may also contain hyperlinks to other external Websites, which are owned or operated by third parties independent of flarben. We do not sponsor, endorse or approve of the operators of these sites, or the material they display. We make no warranties with respect to these sites. We do not manage, nor take responsibility for the content, of any hyperlinked sites or pages and the information supplied may not be accurate. If You link to any third party site, You do so entirely at Your own risk.

Indemnity

You indemnify flarben in respect of any liability incurred by Us for any loss or damage, howsoever caused, suffered by flarben as a result of Your breach of these Terms and Conditions, or Your use of the Website.

Copyright and Trademarks

We do allow You to share copy providing that You reference flarben as Your source. You must, in all respects, abide by the relevant legislation.

Delivery Policy

All deliveries are to be exclusively arranged between the buyers and sellers, flarben accepts no responsibility in this area.

General

The law applicable to these Terms is the law of the New South Wales, Australia. Should any provision of these Terms be held to be unenforceable or invalid, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and the remainder hereof will continue in full force and effect.

Any comment, feedback, idea or suggestions that You provide to Us through this Website becomes our property. If in the future We use any of Your material in promoting our Website or in any other way, We will not be liable for any similarities which may appear from such use. Furthermore, You agree that We are entitled to use any comments or feedback for any commercial or non-commercial purpose without compensation to You or to any other person who has transmitted Your Comments.

If You provide Us with material, You acknowledge that You are responsible for the content of such material including its legality, originality and copyright. Your Content can be used in any other directory, product, service or marketing material provided or used by Us, our related bodies corporate or by a third party to which we syndicate Your ad or Your Content.

These Terms and conditions of Use constitute the entire agreement between You and flarben with respect to this Website and its use and supersede any other agreement, or any other discussion or communication of any kind, written or oral.

Flarben will be excused from performance of its obligations in the event of a force majeure event, including any cause or event that flarben does not have direct control, including internet or communications problems, internet service provider or hosting facility failures, electricity or telecommunications failures or unauthorised access or theft.

General Flarben Posting Policies

As a condition of use of flarben you agree that you are at least 18 years of age.

At flarben we want to make sure that the site is as clean, friendly and usable as possible for everyone. Ads that fall outside the posting rules stated in our Help sections or our Terms of Use may be removed from the site.

You are solely responsible for all information that you submit to flarben and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching our Terms of Use. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.

General reasons for ads being deleted are:

Ad breaches General flarben Posting Policies

Breaches of Australian law. It is the responsibility of the advertiser before posting an ad on Flarben to ensure that content advertised adheres to flarben posting policies as well as Australian applicable laws. As a condition of your use of flarben specified under our Terms of Use, you agree that you will not violate any laws

The item being offered for sale is not allowed to be sold on flarben.

Including information in your ad which flarben believes is designed to manipulate search

The ad is a duplicate of another ad previously posted

Posted under wrong category (You must choose the single most relevant category for your ad)

Ads posted in a language other than English. We only accept ads in English. It’s acceptable to include a translation of your ad in another language in addition to English

Ad contains external links: No external website links are allowed within your ad to other property / job / classified or auction sites

Not descriptive enough: Ads that do not provide enough detail will be placed on hold or removed as this makes for a bad browsing experience

Inappropriate language

Inappropriate photo / image

Discriminatory on race / religion / nationality / gender / .

Ads that report other fraudulent ads. Please report potentially fraudulent ads via the “report ad” option located within each ad or Contact Us with ad details (ad id, email address) and reasons why these ads should be reviewed

Flarben reserves the right to remove any ad that we feel is not relevant, or of value to the Gumtree community, with or without notice to the ad poster.

There are several ways that your ad may be found to be in breach of policy and removed from the site including:

Your ad has been reported to us.

When this happens your ad may be temporarily suspended until we review it.

We check reported ads as quickly as we can. If we conclude that the ad hasn’t broken any Posting Policies or Terms of Use we will activate the ad again promptly. Check back after a few hours to see if this is the case.

Your ad has been removed by our moderation tools

Ads either identified by our automated tools as inappropriate, that we then find do break our Posting Policies or Terms of Use will be removed from the site.

In most cases we email you to let you know when we have had to remove your ad. These emails sometimes get directed to junk folders so please look out for Flarben emails. You may wish to add Flarben to your safe senders list if you have one.

If you have checked out all of these possibilities and none of them apply to your ad then please let us know by clicking on “Contact flarben” .