If you have any questions or concerns, please contact us at Suite 611, Level 6, Atlas Norwest, 2-8 Brookhollow Avenue, Baulkham Hills NSW 2153, Australia or by email at email@example.com.
Who We Are
MyMiniAuction is a trade name of MyMiniAuction Pty Ltd (ABN: 63 169 118 334), an Australian proprietary company that operates the website with the URL https://alpha.myminiauction.com (the “Site”).
- The terms “MyMiniAuction”, “MMA”, “we” and “us” refer to MyMiniAuction Pty Ltd.
- “Bidder” refers to all Persons who create an account, and thus register with MMA in order to place a bid for an item which is up for auction.
- “Buyer” refers to a Bidder who has made the highest bid at the end of an auction (meeting the applicable minimum bid or reserve requirements) or a User who exercises the Buy Now Option.
- “Buy Now Option” allows a Buyer to purchase an Item immediately at a fixed price set by the Seller.
- “Cloud Computing Environment” means using a network of remote servers hosted on the Internet to store, manage, and process data.
- “Intellectual Property” means any intellectual or industrial property including:
- all copyright and rights in the nature of copyright, design rights, patents, trademarks, data base rights, applications for any of the foregoing, rights in trade names, business names, brand names, get-up, logo, Moral Rights, rights in know-how, domain names and URLs, database rights, publication rights, confidential information, trade secrets or any other intellectual or industrial property rights (and any licences in connection with any of the same) whether or not registered or capable of registration and whether subsisting in Australia or any other part of the world having equivalent or similar effect to any of the foregoing;
- any licence or other right to use or to grant the use of or to be the registered owner or user of any of them.
- “Item” means a good or service offered by the Seller pursuant to this Agreement.
- “PayPal” is an electronic commerce company operated by PayPal Australia Pty Ltd (ABN 93 111 195 389) which facilitates payments between parties through online funds transfers. PayPal allows Users to establish an account on its website www.paypal.com, which is connected to a User’s credit card or checking account.
- “Person/s” means any person or any legal entity.
- “Seller” refers to all Persons who register, create and manage an auction account through the Site and sell an Item.
- “Two-Phase Auction” means an auction split into two phases:
- “Phase One” of the auction is carried out online through the Site for a specified period of time as set by the Seller. At the conclusion of Phase One, the highest bid immediately becomes the opening bid of Phase Two.
- “Phase Two” of the auction occurs live in an auction room hosted by the Seller. Phase Two occurs immediately after the conclusion of Phase One. At the conclusion of Phase Two, the highest bid overall is determined and a contract between Buyer and Seller is formed.
- “Unregistered Bidder” refers to all Persons who browse auctions on the Site, but have not registered an account with MMA in order to place a bid.
- “User” refers to all Persons accessing this website for any reason, including but not limited to Unregistered Bidders.
- In the event of a change to this User Agreement, Users’ continued use of the Site following the posting of any changes constitutes acceptance of such changes.
The purpose of our Site is to enable Users to organise, place bids on and acquire Items through online auctions. We do not endorse or authorise any Items or services that are auctioned through our Site. We are simply supplying access to the infrastructure which allows Users to participate in and/or create an online auction.
Our Website Services
- Any person wishing to use the Site and MMA’s services for the purposes of Selling, Bidding or Buying, must first register an online account on our Site.
- Our services are available only to persons over the age of eighteen (18) years. By registering for an online account on our Site, Users confirm that they are over eighteen (18) years of age.
- In consideration of MMA agreeing to a User’s use of the Site, the User agrees to comply with this User Agreement.
- Whilst MMA is commonly referred to as an “online auction website”, Users acknowledge that we are not a traditional “auctioneer”. Rather, our Site provides a platform to allow Users to offer, sell, browse, bid and buy Items, at any time, from any geographical location, in an auction-style format commonly referred to as an “online auction”.
- MMA is not involved in the actual transaction among Users. MMA makes no representation, does not warrant, and has no control whatsoever over:
- the quality, safety, fitness for purpose or legality of the items or content posted by Users;
- the truth or accuracy of Item listings;
- the ability of Sellers to sell Items or the ability of Buyers to buy Items;
- the ability of a Bidder, Buyer or Seller to actually complete a transaction or act lawfully when using our Site.
- MMA does not take ownership of or title in Items at any time, and does not transfer in part or whole any legal ownership of Items from Seller to Buyer.
- MMA does not act as the agent or representative of a User for any purpose in relation to this Agreement.
- Users acknowledge that MMA only collects Buyer and Seller’s name and email address. Bidders, Buyers and Sellers agree to collect the contact details of the people with whom they are transacting whilst using this Site. Please ensure that you properly identify with whom you are contracting. Users can communicate with each other using the messaging system provided by the Site.
- Whilst bidding is free, in order to place a bid through the Site, an Unregistered Bidder must register an account with MyMiniAuction and thereby become a Bidder.
- The method and rates for delivery of an Item is set by the Seller. MMA is not involved nor responsible for delivery of an Item, and is not responsible for the contents of the Seller’s delivery instructions published on the Site by the Seller.
Fees and Refund Policy
- All prices on the Site are cited in US Dollars (USD) unless otherwise stated.
- Sellers must register with the Site and set up one free trial auction (the “Trial Auction”). A Trial Auction is valid for three (3) days from the date of registration (the “Trial Auction Period”). A Trial Auction allows a Seller to auction up to three Items only, and use all other features of the Site.
- A Seller is only entitled to one (1) Trial Auction. On expiration of the Trial Auction Period, a Seller may choose to continue to use the Site by paying an annual fee (a “Paid Account”).
- The cost of a Paid Account is One Hundred Dollars (USD$100) (the “Annual Fee”). A Paid Account is valid for a period of twelve (12) months from the date of payment.
- A Paid Account entitles a Seller to list an unlimited number of Items for auction during the twelve (12) month registration period.
- We reserve the right to cancel an online auction account for breach of this User Agreement, in which case a Seller will not be entitled to a refund.
- Sellers agree that no refund by MMA will be given to a Seller with a Paid Account for change of mind.
- Sellers accept the responsibility to provide an exchange or refund to Buyers at their own discretion. Buyers acknowledge and agree to submit all requests for return or exchange of an Item directly to the Seller concerned. MMA is not responsible for, nor involved in processing such requests.
- Bidding on listed items is free.
- Bidders and Buyers acknowledge and agree that donations made to a Seller are non-refundable.
- Sellers with a verified PayPal account may elect to use PayPal to collect money from Buyers and agree to a chained payment system which is described on PayPal’s website here (the “PayPal Chained Payment System”). A Buyer will make a payment for an Item to the Seller (the “Primary Receiver”). The Primary Receiver automatically passes part of this payment as a commission to MMA (the “Secondary Receiver”). The rate of the MMA commission is 2% unless otherwise agreed with the Seller. The Seller will also pay PayPal fees on the full amount of the Buyer’s payment. The PayPal fees are determined by PayPal, and may vary from Seller to Seller, from time to time, and depending on the currency of the transaction. In electing to use the PayPal Chained Payment System, the Seller agrees to pay the MMA commission and the PayPal fees. Amounts collected from Buyers via the PayPal Chained Payment System are subject to PayPal’s terms and conditions, as agreed to by the Seller in relation to the use of their PayPal account. In particular, PayPal may restrict access to money collected from Buyers for various reasons, including relating to the verification of the PayPal account and limitations on amounts that can be received into it. Prior to enabling the PayPal Chained Payment System, Sellers agree to verify their PayPal account and ensure that the receiving limit is sufficient for the anticipated auction income. Sellers acknowledge that any dispute they may have with PayPal as a result of the use of the PayPal Chained Payment System is subject to clause 5 of this Agreement relating to the limitation of liability and clause 6 of this Agreement relating to indemnification.
- Sellers may elect to use PayPal to collect donations through the Site using the PayPal Chained Payment System. The Seller agrees that donations collected in this way will be subject to clause 6(k) of this Agreement where the Buyer is considered to be the person making the donation.
Intellectual Property Rights
- For all content that is listed on the Site, Users hereby grant us a non-exclusive, worldwide, perpetual, sub-licensable and irrevocable right to exercise the Intellectual Property Rights that the User holds in the Intellectual Property, in any media known now or in the future.
- The copyright to all content on the Site, including the underlying software of the Site, graphics, images, layouts and text, belongs to us, or we have a licence to use those materials. No unauthorised use of any such copyright materials is permitted.
- Any comment, feedback, idea or suggestion (collectively referred to as “Comments”) which Users provide to us through the Site or email to us becomes our Intellectual Property. Users agree that we are entitled to use such Comments for the purposes of promoting our Site or MMA’s services without compensation to Users or to any other person who has transmitted such Comments. If Users provide us with Comments, Users hereby acknowledge to be responsible for the content of such material including its legality, it not being defamatory or vilification, originality and copyright.
- Sellers authorise us to use any auction created by the Seller as a sample on any of our promotional material relating to the Site or the services of MMA.
- By using the Site, Users acknowledge and agree that Internet transmissions are never completely private or secure. Users understand that any message or information Users send to the Site may be read or intercepted by others.
- Users acknowledge that the Site is not hosted in Australia. All data on the Site (including all personal information) is transmitted to and stored within a Cloud Computing Environment provided by our hosting service provider, Pantheon Systems, Inc. The physical hardware underlying this Cloud Computing Environment is maintained in the United States by Rackspace, Inc. Users hereby consent to this transmission and storage.
- We will use reasonable efforts to take all due care with any information which Users may provide to us when accessing our Site, however we do not warrant and cannot ensure the security of any information which Users may provide to us. Information Users transmit to us is entirely at the Users own risk, although we undertake to take reasonable steps to preserve such information in a secure manner.
- Sellers represent and undertake to us that auctions created by them will not violate the privacy of any person, and that no such violations will occur by anyone using their password.
Rules of Use
Users agree to the following:
- Users agree that the intention of the bidding process is to create a binding agreement between the Buyer and Seller, and is not an invitation to treat.
- Users will not reprint, republish or distribute, in any way, any information or materials found on our Site.
- Users will not provide to us or post on our Site any information that is not correct, such as an incorrect name, address, email address, auction price listing or any other incorrect information.
- Users will not publish any content that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
- Users will not post any materials on our Site or include any materials in any presentation in violation of any other party’s rights, including, but not limited to, copyright or privacy rights.
- Users will not attempt to reverse engineer, decompile or derive the source code of any of the software comprising or in any way used on our Site.
- Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or application or any transaction being conducted on the Site or application, or with any other person’s use of the Site or application.
Your obligations as a Bidder or Buyer
- Buyers are obligated to complete the transaction with the Seller if the Buyer is the highest bidder at the end of an auction unless the transaction is prohibited by law or by this Agreement.
- By bidding on an item, a Buyer agrees to be bound by the Auction terms and conditions as determined by the Seller, described on the auction introduction page (accessible by clicking the “All items“ link when viewing an individual Item), and the conditions of sale included in the Item’s description as determined by the Seller.
- Bids are not retractable, except in the circumstances described in clause 10(d) of this User Agreement.
- In accordance with clause 11(k) of this User Agreement, Sellers may upload additional images for an Item and provide updates to the description of an Item after the first bid has been made on that Item by a Bidder. In such circumstances, Bidders have the right to retract any or all of their bids on that Item that were made prior to such a modification.
Your obligations as a Seller
- Sellers agree to ensure that they comply with all applicable laws in Australia and other countries.
- Sellers agree to describe all Items and terms of sale on the listing page of their auction accurately and truthfully.
- Sellers agree that listings may only include text descriptions, graphics, pictures, and any other content relevant to the sale of that Item only.
- Subject to clauses 11(e) – (f), should the Site register one or more bids on an Item, the Seller is obligated to complete the transaction with the highest Bidder on the auction’s completion.
- Should the Seller make available the Buy Now Option on an Item, the Seller is obligated to complete the transaction when the Buyer exercises the Buy Now Option.
- Where the Seller runs a Two-Phase Auction, and where the highest bid was made during Phase One, then the Seller is obligated to complete the transaction with the Buyer on the auction’s completion, being the end of Phase Two.
- Should the Seller conduct a Two-Phase Auction, using the Site’s services to conduct Phase One, the Seller undertakes to inform all Users of this fact by stating in the auction description of the following information:
- that the Seller intends to conduct a Two-Phase Auction;
- the date, time and location of Phase Two;
- that the conclusion of Phase One is not the end of the auction, but rather the highest bidder at the conclusion of Phase One automatically becomes the starting bid of Phase Two.
- that the highest bid will be determined at the end of Phase Two.
- Sellers warrant, covenant and agree that they shall not manipulate the price of an Item operated by the Seller including by way of using a secondary account, an alias or third party to bid for the Item.
- Sellers warrant, covenant and agree not to engage in bid siphoning by way of email or contact by any other means with a Bidder in an auction being run by a different Seller on the Site offering the same or similar Items at any price level.
- Sellers agree and undertake not to make any material modifications or changes to any Item that has been listed once the first bid has been made on that Item by a Bidder.
- Sellers may upload additional images for an Item and provide updates to the description of an Item after the first bid has been made on that Item by a Bidder. In accordance with clause 10(d) of this User Agreement, Bidders have the right to retract any or all of their bids on that Item that were made prior to the time of such a modification. Sellers agree to delete any bids so retracted from the Item.
- Bidders, Buyers and Sellers acknowledge and agree that the highest bid is determined at the conclusion of Phase Two. No contract of sale is formed between the Buyer and the Seller until the conclusion of Phase Two.
- Bidders, Buyers and Sellers acknowledge and agree that MMA is not involved in Phase Two, and has no control over where or how Phase Two is conducted by the Seller.
- Bidders acknowledge and agree that the location of the live event during Phase Two is determined at the sole discretion of the Seller.
Disclaimer of Warranties
Except as expressly set forth herein, the material on this Site (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) is provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose, identity of Users or completion of the sale of an Item.
Limitation of Liability
- To the full extent permitted by law, MMA will not accept or assume any liability whatsoever for any loss or damage however caused which a User may directly or indirectly suffer in connection with Use of the Site. Users assume full responsibility and risk of loss resulting from use of the Site and application.
- In the case of any dispute between Users, MMA shall (to the full extent permitted by law) be released from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, arising out of or in any way connected with such disputes.
- Users acknowledge that the Site, and the services provided by MMA through the Site, is an online platform which allows anyone to offer, sell, buy and auction items at any time and from any territory. Users acknowledge that we are not directly involved in the actual transaction between Buyer and Seller. MMA does not guarantee the ability of buyers to pay for items. Similarly, MMA does not guarantee that a buyer or seller will complete a transaction.
- MMA bears no responsibility for any loss or damage caused directly or indirectly by inaccurate or misleading information published on the Site.
- Under no circumstances shall we or any of our directors, officers, employees or representatives be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits.
- Users agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all expenses, costs and losses (including, but not limited to, legal fees) resulting from any claims that are asserted, or may be asserted, based on or relating to the User’s use, or the use by any individual using the User’s password, of this Site.
- Users agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all expenses, costs and losses resulting from claims of third parties (including, but not limited to, legal fees) that result in whole or in part from violations by Users of any of the terms of this Agreement, including any individual using a User’s password.
Responsibility for Use of Password
- Certain features or services offered on or through the Site may require Users to open an account (including setting up a MyMiniAuction username and password).
- Users are entirely responsible for maintaining the confidentiality of the information on their account, including password, and for any and all activity that occurs under a User’s account as a result of failing to keep this information secure and confidential.
- Users agree to notify us immediately of any unauthorised use of an account or password, or any other breach of security at firstname.lastname@example.org.
- Users may not use another User’s MyMiniAuction password or account at any time without the express permission and consent of the holder of that MyMiniAuction password or account.
- We cannot and will not be liable for any loss or damage arising from failure to comply with these obligations.
Links to Other Sites
Abuse of the Site and MMA’s Services
MMA may, among other options, limit, suspend or terminate a User’s account, prohibit access to MMA services, remove hosted content, and/or take technical and legal steps to keep Users off the Site if MMA reasonably believes, at its sole discretion, that the User is conducting itself in an improper manner, abusing the services offered by the Site, or creating a possible legal liability. MMA also reserves the right to cancel accounts that have been inactive for over twelve months.
Users may not assign, license or sub-license any rights hereunder.
We shall be not liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as power blackouts, acts of hackers and other illegal activities of third parties, or acts or omissions of telecommunications common carriers or acts, omissions, overloading or reduced speed over the Internet or any third party Internet service providers.
Compliance with Law
- Users may not use the Site or any content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of us or others whether intellectual property or otherwise.
- Sellers warrant and undertake to MMA and all Users not to offer for sale any Item which a Seller cannot sell to the Buyer free from all charges, liens and encumbrances.
- Buyers and Sellers warrant and undertake to comply with all laws of the territory in which the Buyer and Seller of the transaction respectively resides, including but not limited to export and import laws. Buyers and Sellers are responsible for making sure that transaction of an Item is lawful in both the country of the Buyer and Seller.
- Sellers hereby acknowledge that it is the sole responsibility of the Seller to ensure that the Seller is fully aware of, complies and continues to comply with any and all laws and regulations of the territory in which the Seller resides pertaining to auctions, gaming and charitable funding, including but not limited to:
- Australian Charities and Not-For-Profits Commission Act 2012 (Cth)
- Australian Charities and Not-For-Profits Commission Regulation 2013 (Cth)
- Charities Act 2013 (Cth)
- New South Wales: Charitable Fundraising Act 1991 (NSW); Charitable Fundraising Regulations 2008 (NSW); Gaming and Liquor Administration Act 2007 (NSW)
- Victoria: Fundraising Act 1998 (VIC); Fundraising Regulations 2009 (VIC); Gambling Regulation Act 2003 (VIC);
- Queensland: Charitable and Non-Profit Gaming Act 1999 (QLD); Collections Act 1966 (QLD); Collections Regulation 2008 (QLD);
- South Australia: Charitable Purposes Act 1939 (SA), Collections for Charitable Purposes (Collection Bins) Regulations 1995 (SA); Lottery and Gaming Act 1936 (SA); Lottery and Gaming Regulations 2008 (SA);
- Northern Territory: Gaming Control Act 1993 (NT);
- Tasmania: Collections for Charities Act 2001 (TAS);
- Western Australia: Charitable Collections Act 1946 (WA); Charitable Collections Regulations 1946 (WA); Gaming and Waging Commission Act 1987 (WA);
- Australian Capital Territory: Charitable Collections Act 2003 (ACT); Gambling and Racing Control Act 1999 (ACT).
- Quarantine Act 1980 (Cth).
Prohibited and Restricted Items
Users are solely responsible for making sure that a User is allowed to buy or sell an Item. If you are unsure, please contact MMA by email at email@example.com. The following list is not intended to be an exhaustive statement of unlawful, prohibited and restricted Items. Sellers warrant and undertake to MMA and its Users that they will not offer an Item for sale on the Site which is either unlawful, restricted or prohibited, including but not limited to:
- Alcohol, except in the case that the Seller:
- Adult related items which are inappropriate for people under 18 years of age
- Animal traps
- Animals: MMA strictly prohibits use of the Site to auction: o Australian native species; o Internationally endangered species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Please visit the CITES website for further information; o turtles, snakes, crocodiles, lizards and amphibians; o the trade of dogs or any other animal for the purposes of fighting or stud services.
- Animal products, organs, or body parts
- Chance listings – MMA does not allow listings that sell an opportunity to win an item or a prize either by chance or in connection with a skill contest
- Copyright-infringing, replica and counterfeit items
- Counterfeit currency and stamps, as well as equipment designed to make such articles
- Currently active bank credit or debit cards, expired bank or store cards
- Drugs and drug paraphernalia, including prescription drugs
- Embargoed Items – Sellers must comply with Government trading restrictions in their country of residence
- Fireworks or other dangerous or hazardous materials
- Government documents, identification cards or licences
- Lock-picking or lock smithing devices including key cutters
- Mailing lists or items containing personal information
- Offers of credit or credit accounts
- OEM (Original Equipment Manufacturer) software
- Personal relationships, including in-person or online relationships
- Plants or seeds
- Police-related items
- Postage stamps or government related transit items unless vintage or collectible which are no longer in use or circulation provided that the Seller states this in the listing
- Any item covered by a government trading restriction in the User’s country of residence
- Radio communication devices such as mobile telephone jammers, GPS (Global Positioning System) jammers and mobile telephone boosters.
- Real estate
- Recalled items
- Stocks and other securities
- Stolen goods
- Therapeutic goods
- Tickets over face value
- Used cosmetics or applicators
- Used undergarments
- Weapons, knives or firearms
- Provided that the Buyer and Seller have complied with:
- all applicable laws in the territory of the Buyer and Seller;
- industry codes relating to the welfare of animals, including the safe handling of animals during loading and transport;
- the Australian Model Code of Practice for the Welfare of Animals; and
- this User Agreement Users may auction and purchase animals by using the Site.
- MMA encourages the auction of animals which are de-sexed, vaccinated, microchipped and vet checked before advertising on the Site.
- Sellers located in the State of Victoria warrant, undertake and agree that all dogs and cats listed on the Site are microchipped, and that the full microchip number is clearly stated on each listing.
- With respect to horses, a Seller warrants, undertakes and agrees that a comprehensive disclosure will be made to Users when listing horses on the Site about whether the horse has been subject to surgical procedures and/or any prohibitions or restrictions imposed by a horse racing authority.
- Sellers warrant, undertake and agree to ensure that all animals offered for auction on the Site are weaned and fully self-sufficient. Minimum age of animals available for auction are:
- Cats and Dogs: must be at least 8 weeks old;
- Rabbits: must be at least 6 weeks old;
- Guinea Pigs, Mice and Rats: must be at least 4 weeks old;
- Birds: must be fully feathered;
- Ferrets: must be at least 10 weeks old.
- If the Seller claims to be a breeder and “registered” as a member of a particular association, the Seller agrees to provide their membership details to the Buyer.
- In accordance with clause 5(k) of this User Agreement, MMA is not involved nor responsible for the coordination of delivery, or delivery of an Item. With respect to animals auctioned on the Site, Sellers and Buyers agree to the following title and risk provisions:
- Delivery will occur when the Buyer collects the animal from the Seller (“Delivery”).
- Title to an animal will pass to the Buyer on Delivery. Nevertheless, the Buyer is advised to insure the animal from the end of the auction.
- Seller must (at the Seller’s cost) maintain the animal in the same condition as represented in the auction description until it is delivered to the Buyer.
- Provided that the Buyer and Seller have complied with:
Jurisdiction and Law
- Users agree that the terms of this Agreement will be governed, construed and litigated in and in accordance with the laws of the State of New South Wales, Australia.
- Users irrevocably submit to the laws and jurisdiction of the State of New South Wales, Australia.
The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement. Such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
This Agreement embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations and understandings among the parties hereto relating to the subject matter hereof. By ticking the checkbox on the user registration form, Users agree to the above User Agreement.