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Terms of Use

1. Introduction

Welcome to GarageSaleIt. By using the GarageSaleIt website and any related service or tool ("the GarageSaleIt services"), you agree to the following terms with GarageSaleIt. If you have any questions, please contact customer service.

In this User Agreement, these entities are individually and collectively referred to as "GarageSaleIt", "we" or "us".

2. Scope

Before using the GarageSaleIt services, you must read and accept all of the terms in, and linked to, this User Agreement ("Agreement") and the GarageSaleIt User Privacy Notice. We strongly recommend that, as you read this User Agreement, you also access and read any hyperlinked information. By accepting this User Agreement, you agree that this User Agreement and User Privacy Notice will apply whenever you use the GarageSaleIt services, or when you use the tools we make available to interact with the GarageSaleIt services. If you use any GarageSaleIt site, you acknowledge that you will need to accept and be bound by the terms of that site.

3. Using GarageSaleIt

While using the GarageSaleIt services, you will not:

  • post content or items in inappropriate categories or areas on our sites and services;
  • infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
  • use the GarageSaleIt services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the GarageSaleIt services;
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made or you cannot authenticate the seller's identity;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity;
  • manipulate the price of any item or interfere with other users' listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to GarageSaleIt;
  • post false, inaccurate, misleading, defamatory or offensive content (including personal information);
  • take any action that may undermine the Feedback or ratings systems
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • distribute viruses or any other technologies that may harm GarageSaleIt or the interests or property of GarageSaleIt users;
  • copy, modify or distribute rights or content from the GarageSaleIt services or GarageSaleIt's copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent. 

4. Abusing GarageSaleIt

GarageSaleIt and its community of users ("the Community") work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

We works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our team and we will investigate.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the GarageSaleIt services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel accounts or accounts that have been inactive for a long time, or to modify or discontinue GarageSaleIt services.

5. Fees and Services

We do charge fees for using our services, such as opening a GarageSale or becoming a buyer member.

When you seek approval to open a GarageSale or seek to become a buying member, you have an opportunity to review and accept the fees that you will be charged.

We may change our seller fees from time to time by posting the changes on the GarageSaleIt site 14 days in advance, but with no advance notice required for temporary promotions, new services, or any changes that result in the reduction of fees.

If you are a seller, you are liable for any transaction fees arising out of all sales made using some or all GarageSaleIt services.

You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. In the event that your payment method fails or your payment is past due, we may also limit or suspend the services which GarageSaleIt provides to you, including by not permitting access to the administration back end and / or displaying your listings.

6. Cancellations

Once your GarageSaleIt access starts, GarageSaleIt does not give refunds or cancellations for any payments you have already made.  However there are exceptions (see below).  If you don't want to subscribe anymore or continue access, you can cancel your subscription and access.

Refund Policy 

1. Within 24 hours: You may be able to get a refund of your garage sale or buyer membership depending on the purchase.  

2. After 24 hours: GarageSaleIt does not give refunds for any payments already made.

Note: You can only request a refund once. If you re-join as a buyer member or re-open your GarageSaleIt account, you will not be able to get a refund.

Request a Refund

7. Content

When you upload content to the GarageSaleIt website or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights you have in the content, in any media known now or in the future and for any other purpose.

If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to GarageSaleIt and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“GarageSaleIt Authorised Persons”):

(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:

(i) in whatever form and in whatever circumstances GarageSaleIt and the GarageSaleIt Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and

(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and

(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.

8. Trading on GarageSaleIt and Limitation of Liability

While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold GarageSaleIt responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. We are not a party to the sales transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item.

When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not GarageSaleIt – are responsible for enforcing any rights that you may have.

You alone, and not GarageSaleIt, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the GarageSaleIt services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the GarageSaleIt services.

To the extent that GarageSaleIt is able to limit the remedies available under this Agreement, GarageSaleIt expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

9. Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

10. Breach

Without limiting other remedies available to GarageSaleIt at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if:

  • you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any of our websites;
  • we are unable to verify or authenticate any information you provide to us;
  • we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
  • if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

Buyers can request a return or report that they didn't receive an item from their purchase history.

If the buyer is requesting to return an item for "change of mind" (or "remorse") reasons, the seller's return policy as stated in the GarageSale will apply – including which party is responsible for return postage costs. Sellers may exercise their discretion to accept or deny a remorse return request if it falls outside their return policy.

If an item is not received, an item differs significantly from the listing, or a seller doesn't fulfil their return policy as stated in the listing the cost of return postage for an item that is significantly not as described will usually be the seller's responsibility.

You acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any case – including an item returned for remorse reasons – where a buyer and seller cannot come to agreement. If we resolve a case in the buyer's favour, the seller will be required to issue a full refund to the buyer (including original postage costs), either by reversal of the transaction processed.

11. Restricting Funds

To protect against the risk of liability, GarageSaleIt may request, and you agree to authorise the request, that payment providers and merchant facilities (including PayPal and Stripe) restrict access to funds in a seller's account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category or the filing of a case. This may result in PayPal or Stripe determining to restrict funds in your account in order to manage their risk exposure pursuant to PayPal and Stripe policies.

12. Access and interference

You agree that you will not use any robot, spider, scraper or other automated means to access the GarageSaleIt services for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of GarageSaleIt and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or

13. Listing Conditions

By listing an item on GarageSaleIt's sites, you agree to pay any GarageSaleIt's fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:

  • Your listing will, at all times, comply with GarageSaleIt rules and policies, including listing rules.
  • You must list your item in the most relevant category.

14. Tax on Consumer Purchases

Buyers and sellers are generally responsible for any Value Added Tax, Goods and Services Tax (GST), sales tax, or other taxes that apply to items bought on GarageSaleIt. If you have any questions or require more information about your tax obligations, please contact the your Federal Tax Office, your local tax or customs authority, or seek independent tax advice.

In any jurisdiction where GarageSaleIt has an obligation to collect tax on consumer purchases:

  • GarageSaleIt may add the applicable tax to the item price displayed to the buyer;
  • GarageSaleIt will display the tax amount at checkout once the buyer's order and delivery address are confirmed, and this will be included in the order total paid by the buyer;
  • GarageSaleIt will collect this amount via any means available to us and remit the tax to the relevant authority.

As a buyer, you acknowledge and agree that tax may apply on top of the seller's item price, and that you will have the opportunity to review this before finalising your order.

As a seller, you acknowledge and agree that where GarageSaleIt has an obligation to collect tax on consumer purchases: 1) your prices may appear higher to buyers based on their delivery address, and 2) that we may not report tax collected to you, although we will indicate on the order details page if tax was collected by GarageSaleIt.

You may close your GarageSaleIt account at any time, subject to:

  • resolving any outstanding matters (such as a suspension or restriction on your account); and
  • paying any outstanding fees owing on the account.

15. Privacy 

We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the GarageSaleIt Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. For a complete description of how we use and protect your personal information, see the GarageSaleIt User Privacy Policy. If you object to your information being transferred or used in this way please do not use our services. 

Privacy of Others: Marketing

If GarageSaleIt provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so. 

16. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the GarageSaleIt services.

17. No agency

GarageSaleIt is not your agent for any purpose in relation to this Agreement or your use of the GarageSaleIt services.

18. Legal Disputes

If a dispute arises between you and GarageSaleIt, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to GarageSaleIt's registered agent. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and forum for legal disputes
This Agreement will be governed in all respects by the laws of Victoria, Australia. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and GarageSaleIt irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

19. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the GarageSaleIt site. You should read the Legal to see the rules that apply to you. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Legal content pages and policies to make sure you comply.

Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites.

Each of these policies may be changed from time to time. Changes take effect when we post them on the GarageSaleIt.com.au site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

20. General

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches.

We may amend this Agreement at any time by posting the amended terms on the website. We will also notify you of any material amendments through the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with this Agreement.

This Agreement contains the entire understanding and agreement between you and GarageSaleIt. The following Clauses survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.