2017-12-17

User Agreement

 

In this User Agreement:


“Natui” means Natui Website Pty Ltd.
“Natui services” means the natui.com.au website and any related Natui service or tool.

 

Introduction

 

Welcome to Natui. By using the Natui services, you agree to the following terms with Natui. If you have any questions, please refer to our help section.
This Agreement is effective on 12 July, 2014 for current users, and upon acceptance for new users.

 

Scope

 

Before using the Natui services, you must read and accept all of the terms in, and linked to, this User Agreement (“Agreement”) and the Natui Privacy Policy. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use the Natui services, or when you use the tools we make available to interact with the Natui services. Some Natui services may have additional or other terms that we provide to you when you use those services.

 

Using Natui

 

While using the Natui services, you will not:

 

    1. post content or items in inappropriate categories or areas on our sites and services;
    2. infringe any laws, third party rights or our policies.
    3. use the Natui services if you are not able to form legally binding contracts, are under the age of 18, or are suspended from using the Natui services;
    4. 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;
    5. fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
    6. manipulate the price of any item or interfere with other users' listings;
    7. circumvent or manipulate our fee structure, the billing process, or fees owed to Natui;
    8. post false, inaccurate, misleading, defamatory or offensive content (including personal information);
    9. take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to Natui);
    10. transfer your Natui account (including feedback) and User ID to another party without our consent;
    11. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
    12. distribute viruses or any other technologies that may harm Natui, or the interests or property of Natui users;
    13. export or re-export any Natui tools except in compliance with the export control laws of any relevant jurisdictions;
    14. copy, modify or distribute rights or content from the Natui services or Natui's copyrights and trademarks; or
    15. harvest or otherwise collect information about users, including email addresses, without their consent

 

Abusing Natui

 

Natui 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.
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 Natui services, delay or remove hosted content, and 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 (for example, and without limitation, policies related to shill bidding, conducting off-Natui transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). 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 unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Natui services.

 

Fees and Services

 

Joining Natui and listing items in basic format is free. We do charge fees for using other services, such as listing items in non-basic format. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees Schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Natui site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in Australian Dollars. 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. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

 

Content

 

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including Natui users). You may use catalogue content solely in connection with your Natui listings during the time your listings are on Natui's sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Natui policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

 

Trading on Natui 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 Natui responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual 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. You should consider and use all of our suggested safe trading guidelines when trading online.


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 Natui – are responsible for enforcing any rights that you may have.  
You alone, and not Natui, 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 Natui 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 Natui services.


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

 

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

 

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.

 

Breach

 

Without limiting other remedies available to Natui 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, 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 if:

 

    1. you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way;
    2. we are unable to verify or authenticate any information you provide to us;
    3. 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
    4. 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.

 

Access and Interference

 

Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Natui by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Natui services for any purpose without our express written permission.


Additionally, you agree that you will not:

 

    1. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
    2. 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 Natui and the appropriate third party, as applicable;
    3. 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
    4. bypass any measures we may use to prevent or restrict access to the sites.

 

Listing Conditions

 

By listing an item on Natui’s sites, you agree to pay Natui’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 may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Natui can’t guarantee exact listing durations. Where your listing appears in search and browse results it may be based on certain factors including listing format, title, keywords, price and shipping cost, feedback, and detailed seller ratings.

 

Closing Your Account

 

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

 

    1. not having any outstanding items listed on the website; and
    2. resolving any outstanding matters (such as a suspension or restriction on your account); and
    3. paying any outstanding fees owing on the account.

 

 

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 Natui 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. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Natui Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

 

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 Natui services.

 

No Agency

 

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

 

Notices

 

Legal notices must be served on Natui's registered agent (in the case of Natui) or to the email address you provide to Natui during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to Natui’s registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to Natui Website Pty Ltd, P.O.Box 20667, World Square, NSW 2002, Australia.

 

Legal Disputes

 

If a dispute arises between you and Natui, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

    1. Law and Forum for Legal Disputes – This Agreement will be governed in all respects by the laws of New South Wales. 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 Natui irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

 

General

 

Natui International AG is located at L3, 20 Campbell St, Haymarket, NSW 2000, Australia.
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 natui.com.au and by notifying you directly to 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 Clause 13 of this Agreement.


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