Website Terms and Conditions
Welcome to PrimeX Connect. By using the PrimeX Connect services, you agree to the following terms with PrimeX Connect. If you have any questions, please contact us.
Before using the PrimeX Connect services, you must read and accept all of the terms in, and linked to, this User Agreement (Agreement). We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement will apply whenever you use the PrimeX Connect services, or when you use the tools we make available to interact with the PrimeX Connect services.
3. Using PrimeX Connect
While using the PrimeX Connect services, you will not:
(a) post content or items in inappropriate categories or areas on our sites and services;
(b) infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
(c) use the PrimeX Connect services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the PrimeX Connect services;
(d) manipulate the price of any item or interfere with other users' listings;
(e) circumvent or manipulate our fee structure, the billing process, or fees owed to PrimeX Connect;
(f) post false, inaccurate, misleading, defamatory or offensive content (including personal information);
(g) take any action that may undermine the ratings systems;
(h) transfer your PrimeX Connect account (including feedback) and user ID to another party without our consent;
(i) distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
(j) distribute viruses or any other technologies that may harm PrimeX Connect or the interests or property of PrimeX Connect users;
(k) copy, modify or distribute rights or content from the PrimeX Connect services or PrimeX Connect 's copyrights and trademarks; or
(l) harvest or otherwise collect information about users, including email addresses, without their consent.
4. Abusing PrimeX Connect
PrimeX Connect 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.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the PrimeXConnect 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. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue PrimeXConnect services.
Please refer to the Fee Schedule for the fees and charges that apply in relation to using PrimeX Connect services.
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 PrimeX Connect users). You may use catalogue content solely in connection with your PrimeX Connect listings during the time your listings are on PrimeX Connect.
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 PrimeX Connect 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).
7. Trading on PrimeX Connect 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 PrimeX Connect, including dealing with underage or fraudulent persons. You will not hold PrimeX Connect responsible for other users' content, actions or inactions or items they list. You acknowledge that we are not an a seller or an auctioneer. PrimeX Connect is only a venue to allow anyone to offer, sell, and buy. 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.
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 user and are aware of any laws relevant to you as a buyer or seller. If another user breaches any obligation to you, you – not PrimeX Connect – are responsible for enforcing any rights that you may have.
You alone, and not PrimeX Connect, are responsible for ensuring that your listing, bidding, buying 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 PrimeX Connect 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 PrimeX Connect services.
To the extent that PrimeX Connect is able to limit the remedies available under this Agreement, PrimeX Connect expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
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.
Without limiting other remedies available to PrimeX Connect 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 use of the services and refuse to provide our services to you if:
(a) you have, or we believe that you have, breached this Agreement;
(b) we are unable to verify or authenticate any information you provide to us;
(c) 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
(d) 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 users the details of any investigation that we conduct or any action which we take, in relation to your use of the services or your account other than those that are already provided to you by us.
10. Listing Conditions
By listing an item on PrimeX Connect, you accept the following listing conditions:
10.1 Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so PrimeX Connect can't guarantee exact listing durations.
10. 2 Where your listing appears in search and browse results may be based on certain factors including listing format, title and keywords.
11. Closing Your Account
You may close your PrimeX Connect account at any time, subject to:
(a) not having any outstanding items listed on the website; and
(b) resolving any outstanding matters (such as a suspension or restriction on your account); and
(c) paying any outstanding fees owing on the account.
If PrimeX Connect provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
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 PrimeX Connect services.
14. No Agency
PrimeX Connect is not your agent for any purpose in relation to this Agreement or your use of the PrimeX Connect services.
Legal notices must be served on PrimeX Connect's registered office (in the case of PrimeX Connect) or to the email address you provide to PrimeX Connect 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 PrimeX Connect's registered office must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by email to PrimeX Connect., 45 Colin St, Cammeray NSW 2062, Australia , Email: firstname.lastname@example.org.
16. Legal Disputes
If a dispute arises between you and PrimeX Connect, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
17. 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 PrimeX Connect irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
18. Additional Terms
It is important to read and understand all our policies as they provide the rules for trading on the PrimeX Connect site.
Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites.
At PrimeX Connect we believe an individual's right to keep their personal information private is highly important. We are committed to protecting and maintaining the privacy, accuracy and security of your personal and financial information. Therefore, we assure the following in relation to handling personal information.
PrimeX Connect is bound by the Australian Privacy Principles (Principles) for the handling of personal information. To find out more about the Principles, contact the Office of the Australian Information Commissioner. However, the application of the Principles to our business and our relationship with you is summarised in this Policy.
19.1 How we collect your personal information
We will only collect personal information relevant to our business relationship with you. The information we collect will include contact details, personal details, financial information and information about your dealings with our company.
We will collect this information directly from you, or if we use other sources we will tell you what they are.
If we receive unsolicited information about you, we will assess whether we would have been allowed to collect this information under the Principles. If we would not have been allowed to collect the information and the information is not contained in a Commonwealth record, we will destroy the information or ensure that it is de-identified.
We will not collect any sensitive information, such as information relating to your health, unless this is necessary in relation to employment.
If the information is not provided, we will not be able to process your request for products and services or your application for employment.
19.2 How we use your information
We will limit the use of your personal information to:
(a) Recommending to you, or providing you with products and services that you may request.
(b) Carrying out our business which includes marketing, sales and distribution and all activities that relate to this.
(c) Fulfilling our legal requirements (for example, disclosure to law enforcement agencies or the courts).
We may use your information to offer you products and services that we believe meet your needs. However, you can notify us at any time if you do not wish to receive these offers by emailing us at email@example.com and requesting to opt out or by calling our Privacy Officer on +61 2 8091 4468.
We will act promptly on any such request.
We will also use your information to compile transactional data that we will use for our own purposes or provided to third parties. Any information that is provided to third parties will be presented in such a way that will be anonymised, meta data and that you will not be identified.
19.3 Who will use your information?
We do allow your information to be provided to other select organisations that perform certain functions or operations for us with your consent.
We bind these companies to the same standard of care as we do ourselves so that they cannot provide this information to anyone else. We enforce this requirement through contractual agreements.
19.4 Your information is secure
We will use up-to-date techniques and processes which meet current industry standards to ensure that your personal information is kept secure and confidential.
Only employees of PrimeX Connect and those who perform services on our behalf, and are authorised to handle your information, will have access to your personal information.
We will not retain any of your information for any longer than is required by us, except to fulfil our legal obligations.
As a guide, the law generally requires us to retain account information for seven years after an account is closed. However, we may retain some information for shorter or longer periods than this, depending upon any specific legal requirements and the needs of our business.
We will, with your help, keep your personal information accurate, complete and up to date.
Before we disclose your information to an overseas recipient we will take reasonable steps to ensure that the overseas recipient will not breach the Principles.
19.5 You have access to your information
You can access most of the personal information we hold about you and request corrections.
This right is subject to some exceptions. For example, you may not obtain access to information relating to existing or anticipated legal proceedings.
You can request access to your information by visiting any of our branches or contacting the Privacy Officer on +61 2 8091 4468. This service is free unless the information you request requires significant research or preparation time. Before we act upon requests of this nature, we will tell you how much this service will cost.
If we refuse access or refuse to make a correction, you may contact our Privacy Officer and ask that they review the decision.
19.6 What to do if you think we've made an error?
PrimeX Connect is committed to the protection of your privacy, and our policies, processes and systems have been developed with this intent.
However, sometimes human errors do occur. If you think we have not lived up to our commitment, we invite you to contact our Privacy Officer on +61 2 8091 4468.
Our objective is to respond to any complaint within five working days and to take all reasonable action to correct the error.
For more information about our commitment to securing your personal information, contact our Privacy Officer.
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 PrimeXConnect.com or by notifying you directly to the email address linked to your account. All amended terms will automatically be effective as soon as they are posted. If you do not accept the changes you should close your account.
This Agreement contains the entire understanding and agreement between you and PrimeX Connect.
The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Trading on PrimeX Connect and Limitation of Liability (with respect to our limitation of liability), Release, Indemnity and Legal Disputes.
These terms and conditions are current as at April 2017.