The following sets out the Terms & Conditions that Eggschange Auctions offers you, to access our site (www.eggschangeauctions.com) and its services.

By ticking the “I have read and agree to the Terms & Conditions” box you accept the Terms & Conditions Below.

Before proceeding to use our site and its services, you should read the Terms & Conditions carefully. If you find that you’re unable to agree to these Terms & Conditions unconditionally, then you must not proceed with registration for access to this site. If you do however agree to them unconditionally, then you will be given the opportunity to click “I accept” during the registration process, and you’ll have full access to this site (www.eggschangeauctions.com) that the Terms & Conditions apply to.

This agreement will be reviewed periodically by our staff, therefore we encourage you to check back often, to stay informed of any amendments that we make, your continued use of the site following any amendments made will mean that you have accepted our Terms & Conditions and any/all amendments. This agreement was last updated on the 22/08/2009

1 Definitions

“Auction” means an item offered for sale using an auction style selling format.

“Bidder” means a person who bids for the item in an auction pursuant to this agreement

“Buyer” means a bidder who has made the highest bid in an auction or a person who otherwise places an order with a seller for an item pursuant to this agreement.

“Buy Out” means a listing feature that a seller has enabled allowing a buyer to immediately purchase an item for a fixed price determined by the seller.

Buy Out only” means an item offered for sale using a fixed price only format, that can only be purchased at the set price determined by the seller.

“Checkout” means a restricted area of the site which provides a facility for a buyer to inform the seller of their transaction details.

“Item” means goods or services offered for sale on this site pursuant to this agreement.

“Reputation” means the reputation that a user has received due to other users leaving feedback about them.

“Seller” means a person offering an item for sale at the site pursuant to this agreement.

“Services” means an online shopping and auction platform and all other services that Eggschange Auctions provide.

“User” means a user of the site, including but not limited to its members, buyers & sellers, and unless the context requires otherwise, includes you.

2 Formation of a Contract

2.1 I order that a legally binding contract can be formed between Eggschange Auctions & a member, the member is required to accept this agreement unconditionally by clicking the “I have read & understood the Terms & Conditions” checkbox during the registration process.

2.2 Eggschange Auctions reserves the right to refuse, suspend or cancel the membership of any member without notice. This right will be exercised solely at our discretion.

2.3 This agreement shall override and contrary Term or Conditions published by Egschange auctions or appearing on this site pertaining to its members.

3 Services offered by Eggschange Auctions

3.1 Any person wishing to use the service provided as a Seller, Bidder or Buyer, must first register. Registration is free

3.2 You may become a member by supplying all requested information to Eggschange Auctions and you are also required to accept this user agreement unconditionally by accepting the “I have read and accept the Term & Conditions” checkbox during the registration process.

4 Eligibility for membership

4.1 You may only register as a member if you are legally able to form a binding contract that is enforceable against you, in Australia that means the minimum age for registration is 18 years of age.

4.2 When registering, ensure that your username is not abusive, illegal, indecent, obscene, offensive, racist or threatening in any way and not in breach Eggschange Auctions policies.

4.3 You may not register a user id that is or represents an email address or web site address.

5 Fees & Payments

5.1 Once you register as a member of Eggschange Auctions, you will receive a credit of $3 AUD towards your selling account, once this is used, you’ll then automatically transfer to an account membership, where all fees incurred as a result of selling items will be accrued and invoiced to you monthly where payment will be required in 7 days

Eggschange Auctions does not charge you for joining as a member, or for bidding on items. Eggschange Auctions charges the Seller a listing fee for certain items (See Fees and Fee Calculator). Listing Fees are non refundable.

Upon sale of an item, the Seller will be charged a Final Value Fee in accordance with Eggschange Auctions Fee Schedule.

5.2 Eggschange Auctions reserves the right to change the fees charged for any of its services at any time. In the event that Eggschange Auctions introduces a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

5.3 All fees are in Australian Dollars unless otherwise stated.

5.4 Before listing an item, it’s your responsibility to review Eggschange Auctions fees, so that you are fully aware of the fees you will incur.

5.5 Credits on your account are not transferable between members. Transfers between accounts that you own will incur a $3 accounting fee.

5.6 Eggschange Auctions has a no Refund Policy

5.6a Credits on your account are non-refundable, non0transferable, and not redeemable for cash.

5.6b Credits on your account will be forfeited if you close you account wit ha positive balance.

5.7 You agree to pay any outstanding fees within 7 days from the end of each calendar month, failure to do so my result in your account being suspended.

5.7a You agree that you will be liable for collection costs of a third party collection agency should one be required.

6 Function of Eggschange Auctions

6.1 Eggschange Auctions, is a venue for members to Offer, Sell or Buy items.

Eggschange Auctions is not an auctioneer.

6.2 You acknowledge that Eggschange Auctions does not see or examine any item that is listed on this site, and has no control whatsoever over actual quantity, quality, safety, legality, fitness for any purpose of the item. Eggschange Auctions will not accept or assume any liability whatsoever in respect of the item.

6.3 You acknowledge that Eggschange Auctions makes no representation as to the ownership of title in items or as to the ability of either a Buyer or a Seller to complete a transaction. Further more Eggschange Auctions does not warrant to any party that any Seller or Buyer will complete the sale or purchase of any item offered on this site.

All persons are urged to be aware of the risk in dealing with underage persons, or people acting under false pretense or persons having no contracting capacities.

6.4 You acknowledge that Eggschange Auctions cannot and does not confirm the identity of each user. You are therefore advised to be careful in dealing with other users to avoid fraud. You are encouraged to communicate directly with such proper competent authority or source for the purpose of evaluating the person with whom you are dealing. Eggschange Auctions takes no responsibility for any action or omission of any user.

6.5 You acknowledge that Eggschange Auctions does not control the information provided by other users which is made available through this site.

Eggschange Auctions therefore make no warranty as to the accuracy of any information provided by any person through the use of the service.

6.6 Eggschange Auctions does not accept responsibility for any losses or damage however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this site, nor does it accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this site.

6.7 In case of any dispute between Users or any dispute arising from the use of the Services, Eggschange Auctions shall be released from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6.8 If Eggschange Auctions is required by you or by your order in any litigation in which you are involved whether under subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall bear all costs incurred by Eggschange Australia in connection with the provision of such service, including Eggschange Auctions costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis).

7 Policies relating to Auction and Buy Out

7.1 Your obligations as a Buyer.
a) If you, as a Bidder, have been notified that your bid has been successful at the end of the auction, or, in respect of a Buy Out sale you issue a purchase order with a fixed price, you must complete the transaction in the manner specified unless you have a good reason to suspect that the Seller is not who they claim to be. By making a bid or other offer to purchase, you warrant and represent to the Seller that you have the legal right to enter into and complete the transaction.

b) The Buyer shall contact the Seller at the end of the auction or upon other sale with a view to making arrangements for the completion of the transaction.
c) You must pay to the Seller the total due once the total due is confirmed by the Seller.

7.2 If you are a Seller, you must ensure that the Item being offered for sale is accurately described and available in sufficient quantity. By listing an Item, you are making an irrevocable offer to sell at or above your start price to the Buyer unless:
a) you have good reason to suspect that the Buyer is not who they claim to be; or
b). the Buyer fails to meet the terms of payment as stipulated by you in your listing.

7.3 Bids are not retractable by the Bidder except in the following exceptional circumstances:
a) with the seller's agreement before the selling period ends; or
b) a significant drop in the ratings of the Seller occurs after a bid has been placed as a result of adverse comments from other Bidders or Buyers conducted with the same Seller.

7.4 You shall not manipulate the price of the Item by using a secondary account, an alias or third party to bid for the Item.

7.5 The Item sold may or may not be returned depending on your agreement with the Seller. All requests for return of the Item shall be made directly to the Seller concerned and Eggschange Auctions shall not be responsible for processing such requests.

7.6 The method of delivery is based on the arrangements set by the Seller. The Item may be collected by the Buyer or be delivered to the Buyer by Australian Post, courier or other method specified by the Seller. Please refer to the Description and Postage Instructions of the Item. The method of payment is based on the mutual agreement between the Seller and the Buyer and depending on the method of delivery.

8 Provisions relating to Sellers

8.1 Forbidden Dealings.
8.1.1 In respect of an auction, you shall not:
(a) email or contact by any other means the Bidder in an open auction being run by a different Seller, offering similar or the same Items at any price level (bid siphoning);
(b) manipulate the price of the Item offered by you, either by using a secondary account, an alias or third party or by self-bidding, also referred to as shill-bidding.

8.1.2 You shall not offer for sale any Item:
(a) which you are not legally able to sell, or which you cannot sell to the Buyer free from all charges liens and encumbrances;
(b) which is in contravention of any law or regulations governing the sale of the same;
(c) the get-up, production and sale of which infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any other form of property or proprietary rights, whether intellectual or otherwise;
(d) which contains defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words, drawings, photographs, 3-dimensional representations or otherwise;


8.1.3 By offering the Item for sale on this Site, you, as Seller, are warranting and undertaking to Eggschange Auctions and all Buyers that:
(a) you do not and will not engage in the forbidden dealings set out in Clause 8.1 above;
(b) the information supplied by you is correct and accurate in all material respects and shall not (1) contain defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements; (2) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (3) contain any hyperlinks unless permitted by Eggschange Auctions
(c) you will not list or offer or sell any Item which, by paying to Eggschange Auctions any Fees, could cause Eggschange Auctions to violate any applicable law, statute, ordinance or regulation.

8.1.4 In using the Site, you must not create any link directly or indirectly to any website other than the Site:
(a) where that other website lists the exact Item that you propose to sell;
(b) where that other website contains an offer to sell identical items to your Item that is listed for auction or Buy Out on the Eggschange Auctions site, but are priced lower that your Item's start price or Buy Out price;
(c) that you do not otherwise have a right to link to or include.

9 Ratings, Messages and Forum Boards

9.1 Ratings, Messages and Forum Boards.
9.1.a Eggschange Auctions will provide a channel on this Site for the Users of this Site to leave a Rating and comment on the trade conduct of any Seller, Bidder or Buyer with whom they have had dealings.
9.1.b Eggschange Auctions also provides a communication channel which enables Users to send messages to other Users through Eggschange Auctions.
9.1.c Eggschange Auctions also provides a forum which allows Users to discuss topics or chat with other Users.

9.2 Use of the Rating system, Message system and Forum Boards.
(a) You shall use the Rating system for leaving genuine and bona fide ratings and comments on the trade conduct of any Seller, Bidder or Buyer with whom you have had dealings. You shall not take any actions which may undermine the integrity of the Rating system, such as: leaving a Rating for yourself using secondary User ID's or third parties; leaving Ratings for other Users using secondary accounts or third parties (Rating bombing); or leaving Ratings if a User fails to perform some action that is outside the scope of the auction or purchase (Rating extortion).
(b) When using the Rating system, message system or forum boards, you are prohibited from any posting, sending, transmitting, uploading or otherwise publishing through Eggschange Auctions, any materials that (a) interfere with anyone else's use of this Site; (b) are abusive, illegal, indecent, obscene, offensive, racist or threatening in any way; (c) encourage anyone to break the law; (d) violate anyone's copyright or other intellectual or other property right; (e) interfere with the privacy of any other use; (g) contain a virus or other harmful component; (h) contain false or misleading statements of fact or descriptions of the origin of the material or the communication; (i) advertise a website; or (j) breach any of Eggschange Auctions policies.

9.3 Eggschange Auctions Disclaimer in respect of Ratings, Messages, Forum Content and other Users supplied materials.
Eggschange Auctions does not and is under no obligation to monitor or review Ratings, messages and forum boards, discussions, postings, transmissions and the messages posted or sent through or on the Site and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. You hereby irrevocably and unconditionally waive any claim against Eggschange Auctions for defamation, libel or whatsoever arising out of any such communication. Eggschange Auctions may reject or remove your material or conversations that are illegal, indecent, obscene or offensive, or that violates the terms of this Agreement in any way or request you to make suitable amendments in order to comply with the terms herein, and Eggschange Auctions reserves the right to claim damages and or apply for other legal remedies in relation thereto.

10 Rights of Eggschang Auctions

10.1 Eggschange Auctions has the right to suspend or terminate your account without any compensation if you have:
(a) breached the User Agreement set out in this agreement; or
(b) (by conviction, settlement, insurance or escrow investigation, or otherwise) engaged in fraudulent activity in connection with this Site.

10.2 Rights as regards materials supplied by a User.
Eggschange Auctions shall have the absolute and unfettered right to reject or remove any information or materials supplied by you without notice or compensation. Without derogating from this right, Eggschange Auctions shall have the right to reject or remove any information or materials supplied if Eggschange Auctions shall consider (without having to assign any reason therefore) that the information or material, if published or continued to be published, would cause Eggschange Auctions to incur any liability to third parties or would cause Eggschange Auctions to be in breach of any law or regulations of any competent jurisdiction or rights of third parties.

10.3 Right to withdraw Item.
Eggchange Auctions shall have the absolute and unfettered right to withdraw any Item without notice or compensation to a Seller or prospective Buyer. Without limiting this right, Eggschange Auctions shall have the right to withdraw an Item if:

(a) you are found to have breached the Terms & Conditions set out in this Agreement or your account is suspended by Eggschange Auctions pursuant to the terms of this Agreement;
(b) if Eggschange Auctions is unable for any reason whatsoever to verify or authenticate any information provided by you; or

11 Specific Warnings

11.a You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.

11.b You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you risk of viruses or other forms of interference which may damage your computer system.

11.c Eggschange Auctions does not warrant to you that the Services will be available at all times or at any specific times.

11.d Eggschange Auctions is not responsible in the event a transaction is not processed due to technical difficulties affecting the Eggschange Auctions system.

11.e Eggschange Auctions does not undertake to retain listings or to retain records of specific transactions.

11.f Eggschange Auctions is not responsible for ensuring that warranty obligations are honoured.

11.g There is no contract of sale between Eggschange Auctions and you, whether you are the Buyer or Seller. In the event that a bid is accepted by a Seller, a contract of sale will be formed directly between the Buyer and the Seller. Eggschange Auctions does not act as agent for either party.

11 Restricted Use

Unless Eggschange Auctions agree otherwise in writing, you are provided with access to the Site only for your personal use. Without limiting the foregoing, you may not without Eggschange Auctions written permission on-sell or otherwise on-transmit information obtained from this Site.

12 Security of Information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Eggschange Auctions does not warrant to you and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to Eggschange Auctions is transmitted at your own risk. Nevertheless, once Eggschange Auctions receives your transmission, it will take reasonable steps to preserve the security of such information.

13 No Warranties

11.a This Site is provided by Eggschange Auctions on an "as-is" basis and the only obligations on Eggschange Auctions are set out in this Agreement. You agree that Eggschange Auctions will be under no liability to you in respect of any loss of damage (including any indirect or special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the Services offered over this Site or in respect of a failure or omission on the part of a Seller to complete a sale. Eggschange Auctions gives no warranty or condition, express or implied other than those expressly set out herein. Eggschange Auctions does not warrant that the functions contained in this Site and the Services provided will be uninterrupted or error free, that defects will be corrected, or that this Site or its servers are free of viruses or other harmful components. Eggschange Auctions does not warrant or make any representations regarding the use or the results of the use of this Site. Eggschange Auctions specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of any rights (intellectual or otherwise) in respect of any Item.

11.b The payment gateway and the ancillary payment processing facilities are provided to you for convenience only and Eggschange Auctions gives no warranty, expressed or implied, in connection with such facilities. Eggschange Auctions will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your credit card account, as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.

14 Privacy

Eggschange Auctions has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference. Our current Privacy Policy is available at (http://www.eggschangeauctions.com/privacy,page,content_pages). You must read and accept the Privacy Policy upon registration in order to use the Site, and you will continue to be bound by its provisions (and any amendments Eggschange Auctions make to the Privacy Policy) while you are a member of Eggschange Auctions.

15 Copyright

Copyright in this Site (including text, graphics, logos, icons, audiovisual material and software) is owned or licensed by Eggschange Auctions. Other than for the purposes of and subject to the conditions described under the Copyright Act 1968 (C'th) and except as expressly authorised by these terms and conditions, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from, any content of the Site; or commercialise any information, products or services obtained from any part of this Site without Eggschange Auctions prior written permission.

16 Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

17 Miscellaneous

17.1 You must not:
(a) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any auction being conducted on this Site;
(b) take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Site;
(c) disclose or share your password to any third parties or use his/her password for any unauthorized purpose.

17.2 You shall comply with all applicable laws, statutes, ordinances and regulations regarding his/her use of the Services and any bidding on, listing, purchase and sale of the Item herein.

17.3 Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer or franchiser/franchisee between Eggschange Auctionsand any Seller, Bidder or Buyer or other Users of this Site or the Services.

17.4 Except as explicitly stated otherwise, any notices shall be given by way of email, and in respect of the User, notices shall be deemed given if sent to the email address provided by the User to Eggschange Auctions during registration process or such other address as the User shall specify, or by posting such notices on this Site. Alternatively, Eggschange Auctions may give notice to the User by pre-paid ordinary post to the address provided to Eggschange Auctions during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.

17.5 Severability.
Any provision of this Agreement prohibited by or unlawful or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement. Where, however, the provisions of any such applicable law may be waived, they are hereby waived by the parties hereto to the full extent permitted by such law to the end that this Agreement shall be valid, binding and enforceable in accordance with its terms.

17.6 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these User Agreement and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Eggschange Auctions failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

17.7 Please do not assume that the practices or conduct of other Users that you observe is necessarily in conformance with their obligations under this Agreement or that you may act similarly. Eggschange Auctions does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.

17.8 Eggschange Auctions does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on Eggschange Auctions. Please do not assume that such items offered will be harmless to people or property.

18. Governing Law and Jurisdiction

18.1 This Agreement is subject to the laws of Western Australia, Australia.

18.2 Termination/Survival:
This Agreement and/or your access to this site may be terminated by us at any time without notice. Where this agreement is terminated, those clauses capable of surviving such termination shall do so.

Disclaimer,

Eggschange Auctions is a safe and family friendly environment for poultry hobbyist's to buy and sell poultry and poultry related items online.
At this stage this site is for Australian residents only, as we grow we may expand globally in the future.
Eggschange Auctions does not accept responsibility for any item offered on this site, you as the buyer are responsible for your own purchases, and by registering on this site, you agree not to hold Eggschange Auctions responsible for any loss or damage to persons or property.
If you don't agree with these conditions, please don not register on this site.

Live Animals,
As a seller of a live animal, it is your responsibility to ensure that the animal's welfare is of top priority, and you agree to abide by the Animal Welfare act. in your state for further information regarding transportation of live animals, please contact the RSPCA in your state. The seller acknowledges that if they breahc the Animal Welfare act, they may face prosecution under State/Territory Legislation.

As a buyer of a live animal, it's your responsibility to arrange inspections by the Department of Quarantine (where applicable), and to insure that all Import Permits (where applicable), and keeper's licence's (where applicable) is obtained before the animal is sent, The buyer also acknowledges that further fees may apply for obtaining these documents (this will be payable to the relevant bodies).

Freight
The Buyer is responsible for all freight costs (unless otherwise stated in the Sellers description), on top of all other costs involved in obtaining their consignment (eg, Import Permits, Keeper's License's, Inspection Fee's etc..)
The Seller agrees to only use appropriate freight services and agrees to comply with all policies and procedure's of the chosen freight company.