Terms of Use

  1. By using this website, you agree to these website terms of use and the policies published on this website. Ihliksir may amend its terms of use and any policies from time to time and without notice to you and the revised terms will apply to the use of this website from the date of the publication of the revised terms.
  2. You warrant that:
    1. you are over 18 years old and are legally able to enter into legally binding contracts;
    2. all information posted by you or provided to Ihliksir by you is accurate and truthful;
    3. if you represent a business, that you are duly authorised to do so.

Use of website

  1. Ihliksir is a marketplace platform and does not actively screen users or monitor the content posted by users. Ihliksir is not responsible for the content, data, images, videos or links posted by users of this website.
  2. You are responsible for keeping your username and password secure. You are responsible for all activity and transactions on this website using your username and/or password.  You may not transfer your username or password to any other person.
  3. Ihliksir reserves the right to remove any content it deems fraudulent, in breach of any third party’s intellectual property rights or is otherwise inappropriate.
  4. You may not use the website to send unsolicited messages, promotions, spam, request loans or donations from other users of the website.
  5. You may not upload or install any virus, Trojan horses or any harmful code that may damage or otherwise interfere with the website, system, data or personal information of other users of the website.
  6. Unless specifically authorised to do so, you may not:
  • republish material from this website;
  • sell, rent or sub-license material from the website;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material not provided by you on the website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).
  1. Transactions are undertaken between customers and sellers in the Ihliksir marketplace and transfer of title, quality issues and customer complaints are the responsibility of the sellers and customers.
  2. Ihliksir, its directors, officers, staff, subcontractors and agents and those of its related bodies corporate, are not responsible for any acts or omissions of any other users of the website. Users of the website use the website at their own risk.

Compliance with law

  1. You agree to comply with all applicable laws relating to online conduct and acceptable content. Content must not be defamatory, misleading, unlawful, threatening, obscene, abusive or harassing.
  2. You must comply with all applicable domestic and international laws, including import and export control laws, relating to your use of the website and any Ihliksir services, including but not limited to your listing, purchase, sales, promotions and content.
  3. You are responsible for all taxes payable in connection with any transactions undertaken by you on the website.
  4. You must not do anything which would cause Ihliksir to violate any applicable laws.

Links to or from other sites

  1. Ihliksir is not responsible for the availability or content of any websites or resources linked or referenced from the website and shall not be liable for any loss or damage suffered as a result of use or reliance of any content, goods or services obtained from such other websites or resources.
  2. You must not link to any website that promotes goods or services that do not comply with these terms of use.
  3. Links pointing to this website should not be misleading.
  4. Always use appropriate link text.
  5. Unless Ihliksir agrees otherwise, all links should point to ihliksir.com.
  6. The Ihliksir logo may not be used to link to this website (or otherwise) without Ihliksir’s express prior written consent.
  7. No links may be made to this website using any inline linking technique.
  8. You must not frame the content of this website or use any similar technology in relation to the content of this website.
  9. You agree that if Ihliksir requests the deletion of a link to this website that is within your control, you will delete the link promptly.
  10. If you would like Ihliksir to remove a link to your website that is included on this website, please contact admin@ihliksir.com.

Intellectual property

  1. You may not post any third party intellectual property without the prior permission of the third party.
  2. You warrant that any content, data, images, videos or other material provided by you to Ihliksir does not breach the intellectual property of any third party.
  3. You grant Ihliksir a non-exclusive, worldwide, perpetual, sub-licensable, irrevocable, royalty free licence to use, copy and modify the content you have provided to Ihliksir. You agree that Ihliksir may store, reformat, display or use the content you provide in any way it deems fit, including using such content in external media to promote Ihliksir or your business.
  4. Ihlikisir’s materials, copyright, service marks, business name, domain name, logos, designs, graphics, page headers, button icons and materials are the intellectual property of Ihliksir Pty Ltd and/or its licensors and may not be used by any other person except as may be expressly authorised by Ihliksir and/or its licensors.

Privacy

  1. Ihliksir will only use personal information in accordance with its privacy policy.
  2. Any personal information you receive from or about any other use of this website may only be used for the purpose for which it was given or related communications, unless you are given permission for any other use.
  3. Unless a user permits you to, you may not add the user’s address (e-mail or otherwise) to your e-mail list or mailing list and may not share any user’s address or information with any third party, except as may be required for you to complete a transaction provided that the third party must keep such information confidential.

No warranty

  1. The Ihliksir website and related services are provided “as is” without any warranty or condition, express or implied, to the greatest extent permitted by law, and no warranty is given as to title, merchantability, performance, fitness for any particular purpose and non-infringement.
  2. Ihliksir does not guarantee access to the site or that any access will be uninterrupted.
  3. Ihliksir reserves the right to modify or suspend or terminate the website and/or any of the services, for any reason, at any time, with or without notice, in its sole discretion.

Limit of liability

  1. In no event shall Ihliksir or its shareholders, officers, directors, employees, agents, or suppliers be liable for any damages whatsoever, whether in contract, tort (including negligence) or otherwise, whether direct or indirect, general, special, consequential, loss of profit, loss of revenue, income, anticipated savings, loss of goodwill, or loss or corruption of data, arising out of the use of the website or any services provided by Ihliksir. The maximum liability Ihliksir or its related bodies corporate, officers, directors, employees, agents, or suppliers to any user or any third parties, is limited to the total fees paid you to Ihliksir in the 12 months immediately preceding the action giving rise to such liability.  Nothing in this clause limits Ihliksir’s liability or excludes any warranty that cannot be limited or excluded by law.

Breach

  1. Without prejudice to any other rights or remedies Ihliksir may have at law or in contract, Ihliksir may, without any liability whatsoever, issue a default notice, suspend any user’s account, terminate any user’s account, remove any content posted by a user, or refuse to provide services to any user, if the user is in breach of these terms of use, any applicable policy, Ihliksir is unable to verify or authenticate the user’s personal information or content, or Ihliksir is of the opinion that the user is abusing the Ihliksir platform or using it inappropriately or may otherwise cause loss to Ihliksir or other users or damage the reputation of Ihliksir or other users.

Indemnity

  1. You agree to indemnify and hold Ihliksir and its related bodies corporate, officers, directors, employees, agents, or suppliers harmless from any claim or demand made by any third party arising out of any breach by you of these terms of use, any Ihliksir policy, any applicable law or the rights of any third party.

Law & dispute resolution

  1. These terms of use and any applicable policies are to be governed by and construed in accordance with the laws of New South Wales, Australia.
  2. Any disputes between you and Ihliksir shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia. Use of this website is not authorised in any jurisdiction which does not give effect to all the provisions of these terms of use.
  3. Disputes between users of the website must be resolved by those users and Ihliksir may assist in the resolution process but is not obliged to do so. You release Ihliksir from any claim in relation to such disputes.

Independent parties

  1. You and Ihliksir are independent contractors and no agency, partnership, joint venture, or employee-employer relationship is created by these terms of use.

Severability

  1. If any provision of these terms of use is held unenforceable, then such provision will be modified to reflect the parties’ intention and all remaining provisions shall remain in full force and effect.

Survival

  1. All clauses that are intended to survive termination, including but not limited to clauses 1, 2, 7, 8, 11, 13, 17, 19, 23, 26, 28, 29, 30, 33 and 34, shall survive termination of these terms of use.

Additional terms for Sellers

  1. If any amount is due to Ihliksir, Ihliksir will invoice you monthly.
  2. All fees are inclusive of GST, if applicable. You are responsible for all taxes payable in connection with transactions undertaken by you on the website, including any indirect taxes applicable in any place applicable to you or your business, if any.
  3. By listing items on the website, you warrant that:
    1. You are legally entitled to sell the item;
    2. the listing is genuine.
  4. You must describe sale item and terms of sale accurately. Content must be relevant to the item listed for sale.  Items must be categorised and tagged appropriately.
  5. You may not sell illegal, counterfeit or stolen items on this website.
  6. You are responsible for shipping items to the customer or otherwise delivering the item. You may charge reasonable shipping and handling fees.
  7. You agree to comply with all applicable laws including but not limited to export control laws, consumer laws and trade practices.