- TERMS AND CONDITIONSWelcome to LAMS Approved, Australia’s own Learner approved classifieds marketplace. These terms and conditions are intended to help keep LAMS Approved a safe place to trade.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which LAMS Approved offers you access to the Services and the Website. By registering as a member of LAMS Approved you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: As LAMS Approved operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. We will communicate all changes by Site Announcement. Occasionally, we may make urgent changes, but will generally give you at least two weeks’ notice to review these changes. We may also seek your feedback on proposed changes on the Message Board, or, for significant changes notify you directly via email. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated 5 March 2015.
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
‘ads’ include listings with a ‘buy now’ only price;
‘item’, ‘items’ means goods or property that may be bought or sold through the shop or classified process;
‘member’ means a registered member of LAMS Approved;
‘Member Service(s)’ means a trade or business service that has been advertised by a LAMS Approved member in the Services Category;
‘Services’ means any one or more of the services offered by LAMS Approved Limited or LAMS Approved’s wholly owned subsidiaries, from time to time, including online ads, classifieds, message boards, sms alerts and any other service that LAMS Approved may offer;
‘Services Category’ means the category on the LAMS Approved homepage where members can list services;
‘we’, ‘us’ and ‘our’ are a reference to LAMS Approved Limited;
‘you’ and ‘your’ are a reference to you;
‘Website’ means any LAMS Approved website through which the services are offered;
‘listing’ means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item, service or job, whether by auction or classified;
‘seller’ includes any person placing a listing.
- SPECIFIC WARNINGS2.1 The Services: LAMS Approved provides a venue to introduce members who want to buy and sell items or to advertise Member Services. LAMS Approved does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that LAMS Approved takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. LAMS Approved gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, or Member Services advertised or offered through the Services Category including:
- about ownership of any item;
- as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;
- as to the accuracy or truth of listings;
- that any item, or Member Service listed in the Services Category, will meet your requirements or expectations; or
- about the ability of members to complete a transaction.
2.3 Disclaimer: You expressly understand and agree that:
- your use of the Services is at your sole risk. The Website and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law and without limiting clause 2.2, LAMS Approved disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
- where Member Services are offered in the Services Category, LAMS Approved disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;
- LAMS Approved does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
- no advice or information that is obtained by you from LAMS Approved or anyone else shall create any warranty by LAMS Approved that is not expressly stated in the terms and conditions; and
- responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute LAMS Approved’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
- while LAMS Approved may facilitate payment for some items by credit card, LAMS Approved is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
- while LAMS Approved has systems in place to reduce the risk of credit card fraud, LAMS Approved is not responsible for protecting members from credit card fraud. LAMS Approved’s fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of LAMS Approved to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member’s acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. LAMS Approved’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of LAMS Approved’s message boards, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to LAMS Approved, LAMS Approved may limit your activities on the Website, remove your bids, listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions, in particular, your obligations under Clause 4, or where LAMS Approved considers it appropriate.
- BECOMING A MEMBER3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in Australia or Australia (unless specifically authorised by us in writing) and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by LAMS Approved to ensure it is kept current at all times. LAMS Approved may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at LAMS Approved’s discretion, you may create a business membership in addition to your personal membership.
3.3 Termination of membership: LAMS Approved reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, LAMS Approved may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. When limiting your activities on the Website LAMS Approved may consider offsite conduct such as prior criminal convictions, insolvency, or any other conduct that puts our community or systems at risk. In the event of termination, you also agree that you will not open or attempt to open any new LAMS Approved memberships. You may at any time close your LAMS Approved membership by giving us three days’ notice in writing. If you close your membership, or if it is terminated by LAMS Approved, your ability to use the LAMS Approved website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
- not to permit any other person to use your user name or membership; and
- not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
3.5 Emails and newsletters: LAMS Approved will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other LAMS Approved products and Services to you. LAMS Approved may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
3.6 Other ways to access LAMS Approved and LAMS Approved-related data: LAMS Approved provides an application programming interface (API) to enable software to interface with the Website. The API enables developers to build new applications for our members to use. We use it ourselves to power our mobile applications. As a result, information you publish on LAMS Approved may be accessed through the API and may appear in other places such as applications or websites. Also, if you grant an application permission to access your LAMS Approved account, that application will be able to access information that you can see when you are logged in to LAMS Approved. If someone is using an application to access LAMS Approved and trades with you, that application may be able to access information that you provide to the other person during the trading process, such as your email and delivery address. The developer or owner of any application which makes use of our API must comply.
- GENERAL RULES4.1 General
- All listings, bids or communications made through LAMS Approved shall be made in good faith.
- You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
- You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
- You must list ads and classifieds in Australia dollars and include GST in the price (except when listing commercial property for lease, which excludes GST). All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
- You must not use the Services or the Website to promote items for sale outside the Services.
- You are responsible for any actions taken through your membership. LAMS Approved memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from LAMS Approved.
4.2 Your obligations as a seller
- Sellers must be located in Australia or Australia. Sellers outside of these countries are not permitted to sell on LAMS Approved, unless specifically authorised in writing by LAMS Approved.
- You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item. If your item is likely to attract customs duty for buyers in Australia, you must ensure that this is clearly indicated in your listing.
- You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where LAMS Approved has approved otherwise in writing. In the case of motor vehicles that are offshore, they must be in transit to Australia, and you must be a registered motor vehicle trader, and hold clear authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing. Any land listed for sale must be in Australia.
- You may only sell or offer services in our Services Category or in our Travel, Events & Activities Category.
- All listings must comply with Australia law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(e). You agree that LAMS Approved may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(e) at any time.
- Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use LAMS Approved listings to promote a business or website other than one for sale in your listing.
- You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid or similar schemes.
- For classifieds, you may choose to sell to any buyer at your discretion.
- Listings are not pre-screened for content. LAMS Approved reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
- You agree to your email address being provided to the buyer when your auction closes.
- You must promptly forward the listed item to the successful buyer on completion of the transaction.
- If you sell six or more vehicles in a year, you are likely to be a motor vehicle trader and must be registered. For more information visit the Motor Vehicle Traders Register website.Regardless of whether you are a motor vehicle trader or not, if you are selling a bike on LAMS Approved, you are required to ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest, and you must disclose in the listing whether there is any security interest over the vehicle.
- To help maintain quality listings, LAMS Approved reserves the right to suspend sellers who list over 500 ads per week where the sell through rate of these ads averages less than 10% over four weeks. Sell through rate is calculated as the ads sold divided by ads listed, not including classifieds.
4.3 Your obligations as a buyer
- You must be located in Australia or Australia to buy on LAMS Approved. People outside of these countries are not permitted to purchase items on LAMS Approved.
- Feedback is provided for the purpose of facilitating trading between members on the LAMS Approved Website. Feedback you provide on other members must not contain offensive, defamatory, retaliatory or inappropriate language or content. LAMS Approved may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate.
- You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
- FEES AND ACCOUNTS5.1 LAMS Approved Listing Fees and Success Fees
- LAMS Approved charges fees for the use of the Website as a venue.
- LAMS Approved’s current fees are listed on our Post an Ad page.
- LAMS Approved reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
- If you are a Australia resident, then all fees are inclusive of GST and in Australia dollars unless otherwise stated. If you are not a Australia resident, then all fees are, unless otherwise stated, in Australia dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to LAMS Approved account balances.
- LAMS Approved reserves the right to investigate queries regarding the refund of success fees with bidders, other members and any other relevant party.
- Before listing an item, you should review LAMS Approved’s fees to ensure you are aware of the fees that you will incur.
- You must pay the fees immediately upon demand by LAMS Approved.
5.2 LAMS Approved Accounts
- LAMS Approved will maintain an amount that exceeds the aggregate face value of members’ LAMS Approved accounts (less any amounts that have been cancelled, redeemed, or forfeited in accordance with these terms and conditions) in a separate bank account. LAMS Approved acknowledges and declares that all amounts deposited in that separate bank account are held on trust for members, such that each member has the right to a proportion of the separate bank account equal to the face value of his or her LAMS Approved account. LAMS Approved may deduct amounts from the separate bank account as contemplated by these terms and conditions, and reserves the right to retain any interest earned on amounts deposited in the separate bank account.
- You must settle any negative account balance immediately. LAMS Approved reserves the right to take action against you, including (without limitation) deducting any amount owed by you from the credit balance of any account operated by you, to recover outstanding debts. You are liable for all expenses (including legal fees) that LAMS Approved incurs when collecting that debt.
- If your membership is terminated LAMS Approved will refund the balance of your credit account, less a $5 manual processing fee that is payable to LAMS Approved. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of LAMS Approved credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
- GENERAL PROVISIONS6.1 System Integrity: LAMS Approved will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, LAMS Approved takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, LAMS Approved assumes no responsibility for the corruption of any data or information held by LAMS Approved.
6.2 Resolution of disputes: As LAMS Approved is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, LAMS Approved in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 i (i). If you wish to take Disputes Tribunal (or other) proceedings against another member, you can contact LAMS Approved for a statutory declaration form, which must be completed before we will consider releasing anyone else’s information to you. You may only request contact details for the sole purpose of making a claim.
6.3 LAMS Approved Message Boards: LAMS Approved provides Message Boards for the use of LAMS Approved members. The Message Boards may not be used to promote ads, websites or any commercial or business activity. LAMS Approved is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
6.4 Force Majeure: Without prejudice to clause 2.3(a), LAMS Approved has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of LAMS Approved to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of LAMS Approved.
6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.7 Governing Law: These terms and conditions are governed by the laws of Australia. You submit to the non-exclusive jurisdiction of the Courts of Australia.
6.8 Intellectual Property Rights: LAMS Approved (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
- You may not without our prior written permission, in any form or by any means:
- Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
- Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.