Terms and Conditions

Agreement Between User and SMEX

This website is offered on your acceptance without modification of the terms, conditions, and notices contained herein. Your access and use of this website constitutes your agreement to all such terms, conditions, and notices, and Privacy Policy. It is recommended that you carefully read these Terms before you use this site. If you do not agree to these Terms, you should not use this site.

This site is an online medium and marketplace that advertises items for sale or wanted, where potential buyers can browse listings and then purchase items by contacting sellers and negotiating the sale privately. We are not involved in the actual transaction between sellers and buyers. We are merely a conduit for the on-line distribution and publication of information about items advertised. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on this site, the accuracy or truth of any advertising listings on this site, or the ability of sellers and buyers to actually enforce or complete a transaction.

 

Not to Provide Inaccurate or Deceptive Information and Entitlement to Advertise

As a condition of your use of these websites, you agree that you will not to provide inaccurate or deceptive information when when submitting material, or make an inquiry about goods or services. You also agree that you are not involved in any fraudulent activity.

You will not provide information that is false, inaccurate or misleading or otherwise in breach of the Trade Practices Act, Fair Trading Acts (state) or any equivalent legislation, or infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy.

You warrant that you own the item, or have the legal authority and entitlement to advertise the item, and the item is not stolen property.

Advertisements may be withdrawn without recompense if these conditions are breached, and the appropriate authorities advised if applicable if deceptive or inaccurate information, fraudulent activity or non-entitlement is detected.

The information provided shall not contain any obscene, threatening, indecent or defamatory material or material disclosing confidential information; or is discriminatory in breach of State or Commonwealth anti-discrimination legislation.


Personal and Non-commercial Use Limitation

This website is for your personal and non-commercial use only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website without obtaining prior written approval.

Any ad knowingly submitted outside the scope defined on the home page and not within or associated with the modelling field shall be removed and any monies paid shall be forfeited.

You may not use any part of the material on this website to establish, promote, maintain or provide, or assist in establishing, promoting, maintaining or providing your own publications, Internet site or other means of distribution without obtaining prior written approval.


Copyright and Registered Trademark

All contents of this website are: Copyright © SMEX 2006-2017 and/or its suppliers. All rights reserved.

You must not copy, reproduce, communicate, publish in any form, or distribute any of the content on this site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968. In particular, you must not reproduce or use any of the graphics or text on this site for commercial purposes or for commercial gain, except with explicit written permission. You may however download or print a copy of the content from this site for your own private, non-commercial use.

SMEX or Scale Model Exchange referenced herein are trademarks or registered trademarks. Other product and company names mentioned herein may be the trademarks of their respective owners.


No Automated Querying

You may not use any automated processes of any sort to query, access or copy content presented on this website without obtaining written approval in advance.


Sources

This site may contain links to other websites which are not maintained or controlled by us ("third party site"). Third party sites are not part of this site. These links are provided solely for your convenience. We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave this site and do so entirely at your own risk.

Certain information is derived from external sources including the Internet. Whilst all possible care and attention to detail is taken, we cannot warrant the accuracy of the data or accept any liability for inaccuracies or omissions in same.

Please note that the prices displayed on this website normally exclude Government and statutory charges, unless otherwise stated.


Access from Outside Australia

We do not represent or warrant that the content on this site complies with the laws of any country outside of Australia. If you access this site from outside Australia, you do so at your own risk.


No warranty

All reasonable care is taken in compiling this site. However, the information is provided "as is" and we do not warrant or represent that it is complete, current or free from errors or omissions.

Availability of, and and access to, this site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to this site will be continuous, uninterrupted, timely, fault free, virus free or secure.

Advertisements are listed in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised in advertisements on this site will be suitable for any particular purpose, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on this site, and it is your responsibility to verify any information on this site or in any of our print publications before relying on it.

The information, software, products, and services published on this website may include inaccuracies or typographical errors.


Liability Disclaimer

We makes no representations about the suitability of the information, software, products, and services contained in this website for any purpose. All such information, software, products and services are provided "as is" without warranty of any kind. We hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use these websites, or for any information, software, products, and services obtained through these websites, or otherwise arising out of the use of these websites, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.


We do not accept liability to you for any losses that result from your use of our services.

No Unlawful or Prohibited Use

As a condition of your use of this website, you warrant to SMEX that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.


Links to Third Party Sites

This website may contain hyperlinks to websites operated by parties other than SMEX. Such hyperlinks are provided for your reference only. We do not control such websites, and are not responsible for their contents.The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.


Advertising Rates and Payment Terms

Listing fees and other fees for online advertisements are charged at the time of placement of the advertisement and are non-refundable. Fees are payable in advance, and ads are placed on receipt of payment. Any fees you pay to place an advertisement on this site do not grant you exclusive rights to any web pages on this site. You are responsible for paying all applicable fees and taxes (including GST) associated with placing an advertisement through this site.

Payment terms are strictly 30 days. Interest will be charged at 1% per month compounding on any outstanding overdue payments.

Commissions are payable on the final sale price of the item, and are due immediately upon completion of the sale with the Buyer. Commissions are due on ALL items sold using the services on this web site. If an item is sold via this web site, it is the repsonsibility of the Seller to advise SMEX of this sale. Failure to notify does not remove the liability for the commission, and will result in the fee being charged, with any applicable interest, upon SMEX being aware of the sale.


Modification of These Terms and Conditions

Changes are periodically added to the information herein. We reserve the right to change the terms, conditions, and notices under which these websites are offered, or make improvements and/or changes to this website at any time.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SMEX as a result of this agreement or use of this website.


Disclosure

No details of the buyer or seller, or the final selling price of an item will be disclosed.

If you are a seller you must be legally able to sell the item you are advertising. We reserve the right (but are not required) to verify the availability of items offered for sale.

We reserve the right to monitor email inquiries.

Any rights not expressly granted herein are reserved.

In addition to the general terms and conditions, we reserve the right to refuse acceptance of any advertisement it is considered inappropriate for whatever reason.

We reserve the right to edit any submissions as seen fit before the advertisement is placed online.

Advertisements will be online for the minimum applicable time, but an advertisement may run for a longer period at our discretion. If we are advised that an item as being sold, the advertisement may remain online, but with the contact details removed and the asking price replaced by "SOLD". Advertisements will be removed upon receipt of an explicit request from the person who placed the advertisement.



Privacy Policy