Terms and Conditions

TERMS AND CONDITIONS

By working with local government to organise communities around Australia to hold garage sales on the same day Garage Sale Trail aims to encourage reuse / reduce waste, unite local communities and provide a platform for fundraising .

By participating in Garage Sale Trail on Saturday October 21, 2017 and/or Sunday October 22, 2017 (”the Event”), you intend to sell second hand goods of a various nature, and other goods (“the Goods”). Sellers can register a sale for one or both of October 21 and October 22 2017 using www.garagesaletrail.com.au  (the Website”)

  1. INTRODUCTION
    1. In these Terms and Conditions, references to the following words shall have the following meanings:-
      1. Claims” means actions, suits, causes of action, arbitrations, debts, dues, costs, claims, demands, verdicts, orders and judgments either at law or in equity or arising under a statute and whether or not the matters giving rise to those claims are known to the parties at the date these Terms and Conditions are entered into;
      2. “Garage Sale Trail” or “us” or “we” means Garage Sale Trail Foundation Ltd (ACN 154 116 515) of Level 1, 116 Chalmers St, Surry Hills, NSW 2010;
      3. Loss” means, in relation to any person, any damage, loss, cost (including legal fees and costs on a full indemnity basis), expense or liability incurred by the person or any claim, action, proceeding or investigation made against the person however arising and whether present or future, fixed or unascertained, actual or contingent.
      4. you” means:
        1. users of the Websites
        2. Host Participants (defined below)
        3. Active Participants (defined below);  
    2. The Website is licenced, operated and maintained by Garage Sale Trail.
    3. There are three types of participants who will be involved in the Event as sellers of Goods, as follows:
      1. individuals or entities who register as a participant to the Event via the Website, who either set up a garage sale and sell Goods at their own premises (whether they own the premises, or have a licence or lease or permission to use the premises), or set up stalls and sell Goods at Host Participants premises (referred to in these Terms and Conditions as “Active Participants”);
      2. there are the individuals or entities who will be hosting the Event from their own premises (whether they own the premises, or have a licence or lease or permission to use the premises) and register as a participant to the Event via the Website, and who will allow other individuals to sell Goods at these premises, being either Active Participants or Individual Participants ((referred to in these Terms and Conditions as a “Host Participant(s)”); and
      3. individuals who will be permitted access by a Host Participant to the Host Participant’s premises to set up stalls or similar and sell the Goods, but who do not register for the Event via the Website (referred to in these Terms and Conditions as an “Individual Participant(s)”).
    4. By registering as an Active Participant in the Event via the Website, and otherwise when you use the Website, you are entering into a legally binding agreement with Garage Sale Trail and you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by the same.
    5. By registering as a Host Participant in the Event, via the Website:
      1. you are entering into a legally binding agreement with Garage Sale Trail and you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them; and
      2. you agree that you are liable for all acts or omissions of any Individual Participant;
      3. you must ensure that any Individual Participant acts in accordance with these Terms and Conditions.
    6. You must comply with all applicable laws and these Terms and Conditions, as may be amended from time to time.
    7. We may amend these Terms and Conditions from time to time, but when we do, we will use our best efforts to notify you, which may be by placing the updated Terms and Conditions on our website or emailing you to the email address on your account with us. Your continued participation in the Event and use of the Website is deemed acceptance of any amended Terms and Conditions unless you notify Garage Sale Trail otherwise. If you do not agree to any changes to these Terms and Conditions then you may terminate these Terms and Conditions, your use of the Website and/or participation in the Event in accordance with clause 8.
    8. You acknowledge and agree that Garage Sale Trail retains all rights over the Website and the Event including but not limited to intellectual property rights and no right, title or interest in the Website or the Event is transferred under these Terms and Conditions or otherwise.
    9. Garage Sale Trail may alter the date of the Event for any reason on written notice to participants. Garage Sale Trail will not be liable to you for any Loss or Claims arising from or in connection with a change of the date of the Event.  
  2. PARTICIPATION
    1. To be entitled to register and participate in the Event, you agree that you meet the following criteria and you represent and warrant that you:
      1. if an Active Participant who is a person, are 18 years of age or older and able to enter into contracts voluntarily;
      2. are not currently restricted from access to the Event, or not otherwise prohibited from being an Active Participant;
      3. are not a competitor of Garage Sale Trail and are not using the Event for reasons that could compete with the business of Garage Sale Trail;
      4. have full power and authority to enter into these Terms and Conditions and doing so will not violate any other agreement to which you are a party;
      5. will not use the Website and participate in the Event except as provided for in these Terms and Conditions;
      6. you own and have the right and authority to sell the Goods; and
      7. you have all necessary licenses in place and meet all legal requirements to enable you to sell the Goods.
    2. In participating in the Event you must, and represent and warrant that you will:
      1. participate in the Event and sell the Goods in good faith;
      2. comply with all applicable Local, State and Federal laws,  regulations, rules and ordinances, including, without limitation,
        1. privacy laws, intellectual property laws, anti- discrimination laws and related regulatory requirements;
        2. the Australian Consumer Law (as set in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including but not limited adhering to obligations in respect of consumer guarantees;
        3. the Competition and Consumer Act 2010 (Cth) generally, including in respect of product safety standards and bands on unsafe goods;
        4. mandatory product standards relating to safety and information, including but not limited to the standards pertaining to:
          1. the sale of electrical goods, and relevant requirements to inform buyers and attach labels to electrical goods regarding where the goods are second-hand, and whether it has been tested;
          2. Aquatic toys, Baby bath aids, Baby dummies and dummy chains, Baby walkers, Balloon blowing kits, Basketball rings & backboards, Bean bags, Bicycle helmets, Bicycles, Blinds, curtains and window fittings, Bunk beds, Child restraints for use in motor vehicles, Decorative alcohol fuelled devices, Disposable cigarette lighters, Elastic luggage straps, Exercise cycles, Folding cots, Hot water bottles, Household cots, Moveable soccer goals, Portable aerosol fire extinguishers, Portable non-aerosol fire extinguishers, Portable ramps for motor vehicles, Portable swimming pools, Prams & strollers, Projectile toys, Recovery straps for motor vehicles, Reduced Fire Risk Cigarettes, Self-balancing scooters, Support stands for vehicles, Swimming & flotation aids, Swimming & flotation aids, Toys containing lead & other elements, Toys containing magnets, Toys for children up to and including 36 months of age, Treadmills, Trolley jacks, Vehicle jacks
        5. Local Council regulations and rules regarding garage sales from private and public property;
        6. laws relating to second-hand dealers and pawnbrokers (if applicable to you);
        7. food safety and labelling laws to the extent that you sell any food items at the Event;
      3. provide accurate information to us for the purposes of the Event and update it as necessary;
      4. ensure the Goods are not a banned product under relevant State or Federal laws;
      5. ensure the Goods are not the subject of a product recall, as notified through the Australian Competition and Consumer Commission;
      6. review and comply with notices sent by Garage Sale Trail concerning the Event, whether such notices are delivered to you directly (via electronic means or otherwise) or via a general circular to Active Participants and Host Participants on the Website;
      7. clean up and responsibly reuse, recycle or dispose of all of your waste and unsold Goods at the end of the Event using the reuse and recycling guide provided on the Website;
      8. keep noise to a minimum during and leading up to and packing up after the Event; and
      9. not cause unnecessary disruption or nuisance to any third party;
      10. not leave items outside or on the kerb immediately after the event or overnight; and
      11. Obtain any necessary permits, licences or permissions to sell food items at your premises during the Event, to the extent that you elect to do so.
    3. You will not in relation to the Event:
      1. be false, inaccurate, misleading or deceptive to any person;
      2. act dishonestly or inappropriately;
      3. be fraudulent or involved in the sale of counterfeit or stolen items;
      4. sell any alcohol to any person during the Event;
      5. consume any alcohol in alcohol free zones;
      6. violate any applicable law, statute, ordinance or regulation;
      7. create any liability for us or cause us to suffer Loss of any nature in connection with the Event;
      8. duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Website except as permitted in these Terms and Conditions or as expressly authorised by Garage Sale Trail in writing;
      9. engage in any action that directly or indirectly interferes with or disrupts the proper working of the Website and/or the Event, including but not limited to unsolicited communications to other Active Participants or Host Participants; or
      10. use Garage Sale Trail’s brand, logos, trademarks and other intellectual property except as expressly permitted or provided by Garage Sale Trail in writing prior to such use.
  3. SELLER PACKS
    1. The seller pack includes, but is not limited to, posters and price tags (“Seller Pack”).
    2. Garage Sale Trail shall use reasonable endeavours to deliver free Seller Packs to Host Participants who opt in to receive seller packs via the Website prior to 5pm September 15, 2017 and are within the first one thousand two hundred and fifty (1250) Host Participants to register with us on the Website. Only sellers who reside in a participating local government area (Eligible Host Participants) are eligible to receive a seller pack. Any person not an Eligible Host Participant will not receive a Seller Pack.
    3. Host Participants must provide Garage Sale Trail with accurate addresses and contact information and Garage Sale Trail shall not be responsible for any delay, Loss or Losses caused to a Host Participant due to incorrect information being provided by the Host Participant.
    4. Garage Sale Trail shall deliver the Seller Packs to the address provided by the Eligible Host Participant as part of their initial registration, unless a Eligible Host Participant  otherwise notifies Garage Sale Trail by email at contactus@garagesaletrail.com.au.
    5. Participants may not request any changes to the content of the Seller Packs.
    6. Garage Sale Trail will not be liable for any delay or Loss occasioned by any delay in completing the delivery of the Seller Pack to the Host Participant nor for any damage to a person or property of a or Host Participant or of a third party.
  4. PREMISES
    1. In relation to the Event, you acknowledge and agree that:
      1. you own or have been granted the right to use or occupy the premises from which you intend to sell the Goods, as listed on the Website during the Event, whether that property is private or public property (“the Premises”);
      2. your selling the Goods and participating in the Event does not breach any agreement that you may have with a third party or infringe any third party rights with respect to the Premises;
      3. you have sought and obtained all relevant authority or permissions (including from any Local Council, landlord or strata body corporate) with respect to using the Premises and selling Goods from the Premises; and
    2. You acknowledge that the Local Governmental Authority and/or Council area where the Premises is situated may not permit you to have or sell the Goods on public property or their land. If you intend to locate or sell the Goods on such property you are solely responsible for seeking permission from the relevant Local Governmental Authority and/or Council and Garage Sale Trail shall in no way be held responsible or liable for your failure to do so.
  5. INFORMATION AND WEBSITE
    1. We may modify, replace, refuse access to, suspend or discontinue the Website partially or entirely, or change and modify any details relating to the Event in our absolute discretion.
    2. By providing information to us, you represent and warrant that you are entitled to submit that information and that information is accurate, not confidential and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your information accurate and updated. Garage Sale Trail assumes no responsibility for your information being inaccurate or out of date.
    3. By applying to be an Active Participant or Host Participant, you grant Garage Sale Trail an irrevocable licence to publish on the Website and in/on Garage Sale Trail or Event promotional material (whether hard copy or electronic) the information that you provide in relation to your listing, including but not limited to for promotional, advertising and/or marketing purposes.
  6. CONTENT AND WEBSITE
    1. You acknowledge and agree that you are solely responsible for the information, data and other content you provide to Garage Sale Trail for inclusion on the Website or post, upload, email, transmit or otherwise make available on the Website or to Garage Sale Trail (“Content”).
    2. You warrant that no Content is, shall or could:
      1. be inappropriate, inaccurate, offensive or objectionable;
      2. in any way offend other Active Participants or Host Participants or users of the Website or bring the Website or Garage Sale Trail into disrepute in any way;
      3. falsely state, impersonate or otherwise misrepresent your identity, or misrepresenting your details including current address;
      4. be unlawful or potentially or actually libellous, abusive, obscene, discriminatory, offensive or otherwise objectionable;
      5. include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships or is otherwise confidential;
      6. contain software viruses, worms, or any other computer code, files or programs that could interrupt, destroy or limit the functionality of the Website; or
      7. infringe any third party’s intellectual property rights.
    3. Garage Sale Trail may in its absolute discretion remove, modify, edit or reject any Content or material published on the Website from time to time in its absolute discretion as it deems fit and without reference to you. Garage Sale Trail retains complete editorial control over the Website at all times.
    4. You must not
      1. use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      2. use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Garage Sale Trail’s express written consent;
      3. use the Website to transmit or send unsolicited commercial communications;
      4. use the Website for any purposes related to marketing without Garage Sale Trail’s express written consent.
  7. LIABILITY AND INDEMNITY
    1. You acknowledge and agree that:
      1. you are solely responsible for any and all Claims and Loss  of any nature howsoever arising in connection with any persons on or entering the Premises during or in relation to the Event, including but not limited for any death or personal injury or damage to property; and
      2. you have or will have in place appropriate and current occupiers liability insurance and any necessary public risk and liability insurance during the Event.
    2. You indemnify and at all times in the future must keep indemnified Garage Sale Trail for all Loss and Claims incurred or suffered by Garage Sale Trail arising directly or indirectly from or in connection with:
      1. your breach of any term of these Terms and Conditions;
      2. your breach of any law, including the Consumer and Competition Act 2010 (Cth) or  Australian Consumer Law;
      3. your breach of the warranties hereby provided in relation to your Content;
      4. any act or omission by you in respect of any Content or other information provided by you to Garage Sale Trail; or
      5. any death or injury to persons, or damage to property, caused by any act or omission of you, or your employees, agents, contractors or invitees;
      6. any act or omission by you in connection with the Event, including any negligent act or omission;
      7. any act or omission by any Individual Participant to the extent that you are a Host Participant.
    3. Garage Sale Trail is not the seller of your Goods. You are solely responsible for the terms of any contract that you enter into with a third party before, during or after the Event, relating to the sale of Goods. Garage Sale Trail does not assume any involvement in, responsibility or liability for Loss or Claims in relation to such contracts.
    4. Garage Sale Trail does not make any warranty or representation in respect of the Goods you sell at the Event, including but not limited in relation to the Good’s suitability, quality, fitness for purpose, safety or legality of the Goods.
    5. You acknowledge and accept the risk of any communication to or from the Website and Content published on the Website may be accessed, intercepted, used or modified by third parties.
    6. Garage Sale Trail does not warrant that access to or use of the Website will be uninterrupted, free from error or that any material published on the Website is free from errors, viruses, worms, trojan horses or any other harmful components. Garage Sale Trail disclaims any and all liability for any Loss or Claims in connection with any interruption to access, errors or delays in functioning of the Website for any reason.
    7. You release and hold harmless Garage Sale Trail from all Loss that you may incur and from all Claims arising from or in any way connected with these Terms and Conditions and/or the Event.
  8. TERM AND TERMINATION
    1. You may terminate these Terms and Conditions and participation in the Event at any time for any reason by providing notice by email to Garage Sale Trail. Such termination shall be effective immediately.
    2. We may terminate these Terms and Conditions and your participation in the Event at any time if we reasonably believe that you have breached these Terms and Conditions in any way, by notice to you. Such termination shall be effective immediately.
    3. Upon termination, you will lose access to the right to participate in the Event and immediately cease being either an Active Participant or Host Participant (whichever is applicable to you). In addition, Garage Sale Trail may block your access to the Website at any time in its absolute discretion.
  9. IMAGE CONSENT AND RELEASE
    1. You consent and agree to Garage Sale Trail, its employees, contractors and other persons authorised by it, taking photographs and/or creating video recordings (inclusive of visual and audio components) of you and/or the Premises during the Event (“the Images”).
    2. You authorise Garage Sale Trail to publish the Images in any form, including film, video, DVD, print, audio, digital and any and all other formats and media now known or to be developed (“the Materials”).
    3. You acknowledge that Garage Sale Trail shall own all right, title and interest in the Images and the Materials and all copyright in the Images and Materials vests in Garage Sale Trail.
    4. You waive any and all moral rights (as that term is defined under the Copyright Act 1968 (Cth) in the Images and Materials.
    5. You understand and agree that Garage Sale Trail may use the Images and Materials in any form for such purposes as it deems appropriate in its absolute discretion, including but not limited to publication on the Garage Sale Trail websites, marketing and promotional materials and public relations.
    6. You understand that Materials published on the internet are accessible to all users and Garage Sale Trail has no control over the subsequent use and disclosure of the Materials.
    7. You acknowledge that you are not entitled to remuneration, royalties, commissions or any other forms of payment from Garage Sale Trail in respect of the Images or the Materials.
    8. You are not aware of anything that may restrict or prevent Garage Sale Trail from using the Images and Materials pursuant to this clause 9.
    9. You release and hold harmless Garage Sale Trail from any and all Claims you may have or liabilities that you may incur as a result of this clause 9.
  10. GENERAL
    1. If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, it must be read down so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. If this is not possible, the clause or offending part is taken to be severed from the Agreement and the remaining provisions of these Terms and Conditions will not be affected in any way.
    2. Failure or delay by a party to exercise any right in respect of these Terms and Conditions does not waive that party’s right to act with respect to that breach or subsequent similar or other breaches.
    3. No party is or has the right to act as agent, representative or partner of another party. These Terms and Conditions does not constitute an association, agency, joint venture or partnership between any parties.
    4. These Terms and Conditions is governed by the law of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
    5. We may give notice under these Terms and Conditions by means of notice on the Website, or by email to your email address on record in your account information. You can notify us by email at contactus@garagesaletrail.com.au.
  11. PRIVACY
    1. You acknowledge that in using the Website, and participating in the Event, you will provide to Garage Sale Trail certain personal information. Our Privacy Policy forms part of these Terms and Conditions and you acknowledge and agree to the way in which we collect, use and disclose your personal information set out in the Privacy Policy.
    2. You consent to disclosing your personal information to participating local councils and Nabo Community Pty Ltd (Nabo). This means that your garage sale listing with Garage Sale Trail and garage sale address will also appear on Nabo’s website at www.nabo.com.au.
    3. You consent to Garage Sale Trail using the personal information provided by you to contact you regarding anything connected with the Event or the Website, and to contact you for promotional and marketing purposes including but not limited to other services offered by Garage Sale Trail or its affiliates and partners, and marketing and promotional campaigns.