Terms & Condition
Please don't use keyword spamming or keyword stuffing techniques
Keyword spamming is the practice of listing lots of often irrelevant phrases or words in an ad (for example postcodes, locations or makes and types of cars not relevant to the current ad) purely in an attempt to have a better search ranking. We don't allow this practice on MarketFair TPS because it is very frustrating to our users to find irrelevant ads in their search results, it can make ads hard to read and it creates an unlevel playing field. It actually disadvantages you as an advertiser. If you're found to be doing this we may suspend your access to MarketFair TPS.
Using the Automotive category as an example:
1. Keyword stuffing does not give any advantage to listings and in fact disadvantages them. If
someone searches for a ‘turbo diesel’ and a hybrid car comes up, there is very little chance that the potential
buyer is going to change their mind on what they searched for and buy a hybrid instead of the turbo diesel
they’ve searched for. These irrelevant comments waste space which could be used to explain what sets this car
apart from the hundreds of similar ones which are listed MarketFair TPS.
2. Time is better spent ensuring vehicle prices are on par with market prices and checking
that great photos are posted.
Posting as a dealer
For the most part, businesses can sell on MarketFair TPS just like private sellers. In some instances
businesses, or people considered to be advertising for commercial purposes, may be subject to specific limits
and/or policies.
Currently these apply to the Automotive > Cars, Vans & Utes category only.
Business limits and policies are designed to ensure MarketFair TPS remains a vibrant and transparent market
place for buyers and sellers, private and business alike.
What are the Cars / vehicles / motorbikes / parts policies?
The vehicles categories are for both private and commercial sellers and buyers.
Please don't include links to auction sites or links to your ad posted on another site.
Write the most descriptive and informative ad as possible, always provide accurate information such as
kilometres. Users will appreciate a well made ad and you may find you gain a greater response. Remember, you
can use as much space as you like and you can even include photos, so there is no need to direct people
elsewhere.
Ensure your advertisement isn't breaching any applicable government laws/legislations. It is the responsibility
of the advertiser before posting an ad on MarketFair TPS that content advertised adheres to MarketFair TPS Posting Policies as well as applicable laws. As a condition of your use of MarketFair TPS
specified under our Terms of Use, you agree that you will not violate any laws.
What are the Community Guidelines?
MarketFair TPS is a community site and we rely on your reports and feedback because it helps to shape the site
and keep it friendly, safe, up to date and relevant for everyone. We like to think of it as you, the MarketFair
TPS community, policing the site and keeping out the bad guys.
While most MarketFair TPS users have great success buying, selling, renting or connecting with others,
sometimes we do receive reports of people trying to scam or defraud users.
If you find an ad on MarketFair TPS that you think is illegal, or a scam or fraud you can report to us by
clicking on the ‘Report’ button shown on every MarketFair TPS ad. Reporting a suspicious ad brings it to our
attention so that we can review and, if necessary, take it down quickly.
If you reply to an ad and you get a suspicious request from the poster of the ad (e.g. requests for money to be
sent via bank transfer or a payment service that is not MarketFair TPS PayPal integration through MarketFair
TPS messages) please forward the email to us and stop all contact with that person.
If you experience harassment or abuse in connection with either an ad on MarketFair TPS or an email received
from a MarketFair TPS user then please report it to us.
Copyright and IP Policies
What are copyright policies?
All sort of products are offered for sale on Marketfair TPS. Rights owners, such as the owners of copyright, trademark rights or other intellectual property rights can request the removal of any advertisements which may infringe on their intellectual property rights. If a legal representative of a rights owner reports this to us in the correct manner, products infringing intellectual property rights will be removed by Marketfair TPS. In order to participate in the Notice of Infringement Programme, you need to email us on hello@marketfairtps.com.au Complete a statement with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form ensures that the person reporting the ad or item are either the rights owner or their officially authorised representative. The information provided on the email also enables Marketfair TPS to identify the advertisement to be removed. Note! This email can only be used by the lawful owners of the intellectual property rights. 'Notice of Infringement' is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. For all other questions, you can get help here. It is the seller’s responsibility to ensure that, before posting an ad on Marketfair TPS, the advertisement and the item advertised comply with Marketfair TPS Posting Policies as well as the law. As a condition of your use of Marketfair TPS you agree that you will not violate any laws (as set out in our Terms of Use).
IMPORTANT NOTICE RE:
UPDATED TERMS OF USE: Effective 1 July 2017, the Services (as defined below) will be provided to you by Marketfair TPS, which is part of the same corporate family as Marktplaats B.V, the company currently providing the site to you. Marketfair TPS will also be the applicable data controller from 1 July 2017.
Marketfair TPS of Use
1. Introduction
Welcome to http://thispartystarted/market-fair/ . Thanks for stopping by. These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”). You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with the full Terms of Use when accessing or using our Services. The Terms of Use set out below take effect from 1 July 2017. A copy of the Terms of Use in effect prior to 1 July 2017 can be located here.
2. Your Account
To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.
You may connect to the Services with a third-party service (e.g., Facebook or Google+) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account has been compromised or misused, contact us immediately at hello@marketfairtps.com.au
3. Using Marketfair TPS
To use the Services, you must be over 18 years old. You agree that you will only post in relation to goods or services in Australia in the appropriate category or area and you agree that you will not do any of the following bad things:
- violate any laws or the Posting Rules;
- post any threatening, abusive, defamatory, obscene or indecent material;
- be false or misleading;
- infringe any third-party right;
- distribute or send communications that contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Marketfair TPS, the Services or the interests or property of Marketfair TPS users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
- copy, modify, or distribute any other person’s content without their consent;
- use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent
- bypass measures used to prevent or restrict access to the Services; and/or
- post an ad with the intention to profit from a natural disaster, health or public safety concern, or tragic event.
4. Abusing Marketfair TPS Services
Marketfair TPS and the Marketfair TPS community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you give to Marketfair TPS and any consequences that may result from your posts. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also accept that Marketfair TPS is not under any obligation to monitor any data or content which is submitted to or available on the Services.
5. Global Marketplace
Some of the Service’s features may display your ad on other sites, like on our classifieds sites, including those in other countries. By using the Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy.
6. Fees and Services
Using the Services is generally free. We may sometimes charge a fee for certain features or Services. If the feature you use incurs a fee, you will be able to review and accept that charge before purchase. If you choose to pause an ad at any stage, any features you have applied to your ad will not be paused. Our fees are quoted in Australian Dollars, and we may sometimes change them. We’ll notify you of changes to our fees by posting the changes on the site. We may sometimes temporarily change our fees for testing purposes, promotional events or new features, these changes take effect from the time the price change is posted to the site. Our fees are non-refundable after the feature is supplied, and you are responsible for paying them when they are due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using collection mechanisms, including third party debt collection services. Australian taxes associated with our Services will be collected where applicable. You agree to provide accurate information necessary for Marketfair TPS to comply with our obligations under applicable law. You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or services listed on Marketfair TPS Services.
7. Content
Marketfair TPS Services contain content from us, you, and other users. Marketfair TPS is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
8. Reporting Intellectual Property Infringements (Verified Rights Owners - VeRO)
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Notice of Infringement (NOCI) form, fill it out, and email it to the email address in the form. Only the intellectual property rights owner can report potentially infringing items or listings through Marketfair TPS VERO Program. After we receive your first NOCI, Marketfair TPS will confirm your enrolment in our program and send you the instructions on how to submit future reports electronically. We can share, in accordance with applicable law, the completed NOCI form with the third party that originally posted the potentially infringing listing.
9. Third Party services on Marketfair TPS.
You may use the PayPal payment gateway for some financial transactions on our Services. When you link your PayPal account to your Account, you can use your PayPal account to pay or be paid for items by buyers or sellers while using Marketfair TPS Services. You acknowledge and agree that by utilising any third party services through our Services (such as PayPal), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services.
If you to link your PayPal account to your Account you appoint Marketfair TPS as your limited agent to:
a. provide to PayPal your name, address, payment amount, item details, item category, and all other information required by PayPal to enable PayPal to process payments to or from your PayPal account; and
b. receive payment confirmation and decline notices from PayPal in respect of your PayPal payment transactions.
When you link your PayPal account to your Account, we accept our appointment as your limited agent to undertake those activities specified in the paragraph above. Our appointment as your agent to undertake these activities terminates immediately upon your Account ceasing to be linked to your PayPal account.
If you have a dispute with PayPal, a buyer, or a seller, that does not arise directly as a result of an error by Marketfair TPS, in respect of any payment transacted (or failed to be transacted) on your PayPal Account, you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Marketfair TPS is not able to access your complete financial details from PayPal or your PayPal account. At no time does Marketfair TPS hold any of the funds when a buyer pays a seller using PayPal. Funds are transferred directly by PayPal from the buyer’s PayPal account to the seller’s PayPal account after the deduction by PayPal of any relevant PayPal fees. PayPal's terms and conditions apply to your use of PayPal when you access PayPal’s services from our Services, and you must agree to PayPal’s terms and conditions in order to use the PayPal’s services. You acknowledge and agree that, to the extent permitted by law, we are not liable to you for any loss or damage you incur arising from your use of the PayPal method, unless such loss or damage was as a direct result of Marketfair TPS error, in which case our liability is limited in accordance with clause 11
10. Legal and Financial Advice.
You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before buying or selling an item via our Services.
You acknowledge and agree that the information provided by Marketfair TPS in relation to using PayPal’s services is factual in nature only and Marketfair TPS has not provided a recommendation or statement of opinion intended to influence your decision on whether or not to use PayPal’s services and that you cannot rely on any of Marketfair TPS advertising materials, terms, instructions or policies as a recommendation, statement of opinion or financial product advice.
11. Limitation of Liability.
Nothing in these Terms of Use (including this clause 11) excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law.
To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.
Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. Without in any way limiting the above, you understand and agree that any seller listing which utilises the 'Price Drop' feature has been applied at the sole discretion of that specific user for their listing. Marketfair TPS does not in any way represent, warrant or guarantee that a price displayed for any listing on the Services which uses the Price Drop feature is a genuine price reduction.
We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.
To the extent permitted by law:
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we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
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and without limiting any rights that you may have under the Australian Consumer Law, Marketfair TPS liability to you for any failure by Marketfair TPS to comply with any statutory guarantee under the Australian Consumer Law is limited to Marketfair TPS supplying the Services again or paying you the cost of having the Services supplied again.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
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the content you provide (directly or indirectly) using our Services;
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your use of or your inability to use our Services;
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delays or disruptions in our Services;
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viruses or other malicious software obtained by accessing or linking to our Services;
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glitches, bugs, errors, or inaccuracies of any kind in our Services;
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damage to your hardware device from the use of any Service;
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the content, actions, or inactions of third parties, including items listed using our Services;
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a suspension or other action taken with respect to your account for breach or these Terms of Use or our policies;
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your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to these Terms of Use or our policies.
Marketfair TPS excludes any liability to you for any loss or damage suffered by you as a result of Marketfair TPS failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by Marketfair TPS.
12. Indemnification
You will indemnify and hold harmless Marketfair TPS and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
13. Release
If you have a dispute with one or more Marketfair TPS users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
14. Personal Information
By using the Services, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on servers located in the United States and in the European Union as further described in our privacy policy.
15. Severability
If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Use.
16. General
These Terms of Use and the other policies posted on the Services set out the entire agreement between Marketfair TPS and you, overriding any prior agreements. From 1 July 2017, this agreement is governed by the laws of New South Wales, Australia. We both submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these Terms of Use, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Your notices to us must be sent via our online contact form under the topic of 'Legal notices or inquiries'.
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by you and by us. Send questions, comments or complaints to
Marketfair TPS Support.
17. Mobile Devices Terms
If you’re accessing Marketfair TPS Services from a mobile device using a Marketfair TPS Mobile Application (the “Application”), the following terms and conditions (“Mobile Devices Terms”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Mobile Devices Terms.
a. Application Use. Marketfair TPS grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.thispartystarted/market-fair/ website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application.
b. Intellectual Property - Applications. Marketfair TPS owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Marketfair TPS copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Marketfair TPS Application.
c. Prohibited Countries Policy and Foreign Trade Regulation - Applications. Marketfair TPS Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using a Marketfair TPS Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties).
18. Additional Terms.
Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
iOS – Apple
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These Mobile Devices Terms are an agreement between you and Marketfair TPS, and not with Apple. Apple is not responsible for the Application and the content thereof.
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Marketfair TPS grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
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Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
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Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
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Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
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In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
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Apple and Apple’s subsidiaries are third party beneficiaries of these Mobile Devices Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Devices Terms against you.
Windows – Microsoft
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These Mobile Devices Terms are an agreement between you and Marketfair TPS, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.
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You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
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Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
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Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
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You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Mobile Devices Terms cannot change.
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To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.
Last Modified: 25 June 2021
Marketfair TPS Terms of Use - 24 December 2020 (Archived)
Marketfair TPS User Privacy Notice (Privacy Policy)
Effective as at:19 November 2021
Scope and Consent
Synectic Innovation Pty Limited (' Marketfair TPS ') is the operator of https://thispartystarted.com.au/market-fair/ ('the Site'). This Privacy Notice describes:
the personal information we collect and how we use that information
when we might disclose your personal information
how we keep and protect your personal information
The Privacy Notice applies to this Site and to any applications, services or tools (collectively 'Services') where this Privacy Notice is referenced. By using our Services and/or registering for an account, you are accepting the terms of this Privacy Notice and our Terms of Use
Collection
We collect, process and retain personal information from you and any devices (including mobile devices) you use when you:register for an account with us, use our Services, give us information on a web form, update or add information to your account, join community discussions, chats or dispute resolution or when you otherwise contact us.
Use and Retention
We use your personal information to:provide and improve our Services or those of our related entities [such as Autotrader and CarsGuide - Carsguide Autotrader] ('Related Companies'), give you a personalised experience on our sites or on any sites that are operated by our Related Companies, contact you, provide customer service, provide you with personalised advertising and marketing, including marketing from our Related Companies and other third parties, and detect, prevent and investigate fraud and/or other illegal activities.
We keep personal information from active accounts as long as it is needed for our operations. We also keep personal information from closed accounts when we’re legally required to and also to stop fraud, collect outstanding fees, troubleshoot problems, help with investigations, enforce our Terms of Use and take other actions under applicable national laws
Choice
You choose how we use your personal information to communicate with you.
Access
You can access and correct your personal information
Disclosure
We may share your personal information with Related Companies and third parties to provide you with our Services, to comply with the law, to enforce our policies, to enable our marketing and advertising activities and those of our Related Companies, or to prevent, detect, mitigate and investigate fraud or other illegal activities. We only share your personal information with our Related Companies to market and advertise their products and services which we believe will be of interest to you. We don’t give your personal information to other third parties for their marketing and advertising purposes unless you give us permission.
Security
We protect your information using technical and administrative security measures
Important Information
This section sets out some important information about your use of our Services
Questions or Complaints
If you have a question or a complaint about this Privacy Notice or our privacy practices, you can contact us via our online contact form under the topic of 'Legal notices or inquiries'. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (Telephone +61 1300 363 992 or email enquiries@oaic.gov.au)
Scope and Consent
This Privacy Notice describes
the personal information we collect and how we use that information
when we might disclose your personal information
how we keep and protect your personal information
It applies to this Site and to any Services where this Privacy Notice is referenced.
By using our Services and/or registering for an account, you are accepting the terms of this Privacy Notice and our Terms of Use. If you do not provide the information we require, we may not be able to provide all of our Services to you.
Marketfair TPS is responsible for the collection, use, disclosure, retention and protection of your personal information under our privacy standards and applicable national laws. Marketfair TPS may transfer data to Related Companies as described in this Privacy Notice who may process and keep your personal information on servers in the European Union, United States and elsewhere in the world where our data centres are located. Where we disclose your information to third parties that are located overseas, or where your information is held in our overseas servers, we will take reasonable steps to ensure that your personal information is protected in accordance with law
What is Personal Information?
'Personal information' is information or an opinion about an identified individual, or an individual who is reasonably identifiable, either from the information directly or from that information combined with other information that we have, or are likely to have, access to. Personal information doesn’t include de-identified, anonymous or aggregated information that can no longer be used to identify a specific person.
Public Information?
Public information is any information, including personal information, you share with a public audience, including personal information you publish on our Site. Public information is available to anyone on or off our Services and can be seen or accessed through online search engines, APIs, and offline media, such as on TV.
Changes to this Private Notice
We can change this Privacy Notice at any time by posting the updated terms to the Site. The updated terms automatically take effect 14 days after they are posted. We may announce any changes to this Privacy Notice on our Site and/or via email if we believe they are material.
Collection
We collect information you give us including:
When you register for an account Information such as your name, addresses, telephone numbers, email addresses or user ID (where applicable) when you register for an account with us
When we verify you or your account we may collect and process information (as permitted by law) to authenticate you or your account, or to verify the information that you provided to us
When you transact on or use our Services such as when you post an ad, reply to an ad, communicate with us or other users, information you provide for the Services that you use or during a transaction or other transaction-based content. We may also collect your financial information (such as credit card or bank account numbers) if you buy a feature from us or are required to pay fees to us
When you engage with our community such as when you submit a web form or participate in community discussions or chats
hen you interact with your account Wsuch as updating or adding information to your account, adding items to alerts lists and saving searches. Sometimes you may also give us your age, gender, interests and favourites
When you contact us such as through a web form, chat or dispute resolution or when we otherwise communicate with each other. We may also record our calls with you (if we have your consent to do so)
When you submit your resume such as if you choose to submit your resume to advertisers on our site for consideration
We collect information automatically including:
Information from the devices you use when interacting with us or our Services such as device ID or unique user ID, device type, ID for advertising and unique device token
Information about your location such as geo-location
Google Maps: if you provide your business address when you create a listing, we may display the address on a map (Google Maps), in your respective listings. For this purpose, we transmit the address data to external service providers such as Google Ireland Limited for the use of Google Maps (please refer to Google's Privacy Notice). If a user does not want their location details to be shown on a map in their respective listings, they can contact Marketfair TPS customer service at the help desk at any time.
Computer and connection informations such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information.
We collect information using cookies, web beacons and similar technologies including:
Information about the pages you view, the links you click and other actions you take on our Services, or within our advertising or email content. For more information about our use of these technologies and how to control them, see our notice on Cookies, Web Beacons and Similar Technologies. Without limiting the general application of the Cookies Web Beacons and Similar Technologies Policy, a non-inclusive example of similar technologies we use and what we use them for can be found in the below table
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Systems, tools and vendors that utilise or set cookies or use other identifiers |
Purpose |
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Criteo Google Ads Bing Google Marketing Platform Adform |
Remarketing (also known as retargeting) is the tactic of serving targeted ads to users who have already visited or taken action on our website or app. In terms of technical execution, remarketing is the process of using a javascript tag (known as a pixel) to place a cookie or similar technology in the user’s browser. The cookie or similar technology then informs a remarketing platform to serve specific display and search ads across other websites, search engine results pages or apps through an ad exchange, based on the pages or products the user has engaged with. |
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Google Marketing Platform |
Marketing attribution is the process of identifying a set of user actions and marketing sources that contribute in some manner to a desired outcome and then assigning a value to each of these events. Cookies or a similar technology are used to remember the user action or marketing source so it can then be attributed as the source of said desired outcome. |
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Google Analytics Nielsen Digital Content Ratings Integral Ad Science Confiant |
Digital analytics is the measurement, collection, analysis and reporting of web and app data for the purposes of understanding and optimising web and app usage. Cookies or a similar technology anonymously measure the number of visits and visitors to the website or app and understand the user’s website or app experience and segment those that are either new to the website or app from those that are returning. Nielsen: |
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Adobe Audience Manager |
Data Management Platforms (or DMP) is a tool used to consolidate or disperse data across first, second and third-party channels. It uses cookies or a similar technology to manage the segmentation and identity definition of a user to then provide cohesive audience targeting across all of the various channels where we might be engaging with a consumer. |
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Google Ad Manager Google Adsense Magnite (formerly Rubicon Project & Telaria) Xandr (formerly AppNexus) Triplelift Adyoulike Pubmatic Index Exchange OpenX Smaato Rokt |
Onsite advertising is the display of messages from selected partners via an ad serving platform utilising cookies or a similar technology to provide both general and personalised advertisements based on a user’s behaviours across the web. |
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Publisher Provided ID |
Identity partners & Interest Based AdvertisingPublisher Provided IDs [PPID] are encrypted identifiers that we [GCA] use to provide more relevant advertising to you [the user]. These identifiers are shared with our partners like Google, however, they cannot be decrypted to reveal personal identifiable information. You can opt-out from sharing your PPID. When a user opts out of PPID usage for advertising, or deletes their account with us, we immediately stop sending our partners any PPID details associated with that user and all data is subsequently deleted from our partner’s systems. LiveRamp provides an Authenticated Traffic Solution(ATS) for people-based advertising. ATS enhances addressability for publishers while providing visibility and control for individuals. ATS allows publishers to match user data with a LiveRamp IdentityLink in real-time, enabling people-based advertising on authenticated, cookieless inventory across the internet. Our trusted advertising partners using the UID2 identifier are committed to delivering relevant advertising that also respects your choice. Advertising enables access to your favourite content across the internet. The online advertising industry provides websites from which you may opt out of interest-based advertising from other companies that participate in industry self-regulatory programs. See the NAI and Adchoices consumer web choices for more detail and refer here to learn more how to opt out of identifiers provided by mobile devices. |
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Liberty (propriety) Labs (propriety) Optimizely |
Experience Optimization platforms: we use a combination of internal and enterprise platforms to test variant user experiences and make our site and app experiences more rewarding for visitors. |
Information we collect from other resources including:
Information we get from our Related Companies which we use in order to provide you with value-added services as well as market our Services to you which may be of interest to you, for instance, where we may be able to offer you services that you appear interested in but are not available from our Related Companies. We may also use your personal information that we have collected from our Related Companies in order to manage your account, run internal analytics and develop business strategies across our associated brands
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Information we get from third parties: which we may use to supplement your account information. For example, we may collect and use demographic information that is publicly available, additional contact information, credit check information and information from credit bureaus, as allowed by applicable national laws
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Information from social media sites when you use those sites to register, share information or connect to your account. Those sites may automatically give us access to some personal information they hold about you (e.g., content you viewed, content you liked, and information about the advertisements you were shown or clicked on, etc.). If you give us access to any account with video content, we may share your video viewing with, or collect information about your video viewing from, third-party social media sites for at least two years or until you withdraw consent. You control the personal information we have access to through your privacy settings on the social media site and the permissions you give us when you grant us access. When you grant us access to information held by social media sites you agree that we may collect, use and retain it in accordance with this Privacy Notice
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Information other users may provide about you. If another user gives us information about you, they must tell you about our collection, use, disclosure and retention policies before giving us the information. They must also get your explicit consent before giving us your information
Use and Retention
Your personal information allows us to:
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Provide you with access to and use of our Services as well as access to your history, internal messages and other features we may provide
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Offer you site content that includes items and services that you may like
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Provide you with credit offers and opportunities on behalf of our Related Companies and their financial institution partners. However, we don’t share financial information without your explicit consent
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Customise, measure and improve our Services and those of our Related Companies
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Provide other services requested by you as described when we collect the information, including those of our Related Companies if applicable
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To provide you with location-based services (such as advertising, search results and other personalised content)
We use your personal information to contact you about your account:
We may contact you via Marketfair TPS My Messages, email, telephone, SMS messages or postal mail:
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To give you customer support about your account such as to troubleshoot problems, to resolve a dispute, to collect fees or monies owed to us, or to get your opinion through surveys
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For other reasons such as to enforce our Terms of Use or policies and any other agreement we may have with you
We use your personal information too personalise our advertising and marketing, including to:
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Personalise, measure and improve our advertising and that of our Related Companies
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Contact you, either via email, telephone, SMS text messages or postal mail to offer you discounts and special promotions and to let you know about our Services and those of our Related Companies (if you have consented to this contact). Message and data rates may apply
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Deliver targeted marketing, service updates and promotional offers, including in relation to our Related Companies
We use your personal information for legal compliance reasons, including to:
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Prevent, detect, mitigate and investigate fraud, security breaches, potentially prohibited or illegal activities
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Enforce our Privacy Notice, our Terms of Use or other policies
Retention of personal informations:
If your account is active, we will keep your personal information as long as we need it for our operations. We may also keep personal information from closed accounts to comply with national laws, stop fraud, collect fees owed, assist with any investigation, enforce our Terms of Use and take other actions under applicable national laws. If we no longer need your personal information, we securely dispose of it.
Choice
Marketing Communications.
If you don’t want to receive marketing communications from us, you can unsubscribe via the link in the email you received. Registered users may also unsubscribe via the communication preferences options in their profiles.
Push Notifications.
Upon download of certain Services, you are provided the option to opt into receiving push notifications from Marketfair TPS on your device and within the application. We send you push notifications from time-to-time to (a) inform you of Service-related messages, (b) communicate messages from others in the Marketfair TPS community and (c) update you about any events or promotions that we or our Related Companies may be running. If you no longer wish to receive notifications from us, you can, where applicable, change your preferences by logging into your account or by disabling notifications in your device settings. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.
Targeted Advertising.
If you want to learn more about targeted advertising (also known as behavioural advertising), and turn on or off individual companies for online behavioural advertising, you can do so on www.youronlinechoices.com.au.
Access
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You can see, review and change your personal information by signing into your account. Please update your personal information immediately if it changes or is inaccurate
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Once you make a public posting, you may not be able to change or remove it. If you ask us to, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and as required under applicable national laws
We will honour your right to request access to, or modification or deletion of, your personal information. We may have the right to withhold that access or refuse to modify or erase your personal information under applicable national laws, but we will give you reasons if we do so. To contact us about access and to find out if any fees apply, please contact Customer Service or by using the contact details above.
Disclosure
Disclosure
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provide joint content, services and marketing (like registration, account management, transactions and customer support)
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help detect and stop possible fraud and illegal acts, violations of our Terms of Use and data security breaches
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offer you personalised advertising
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guide decisions and business strategy about their products, sites, applications, services, tools and marketing communications
We may disclose your information to third-parties:
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third party service providers who help us provide our Services, payment processing services, assist us in providing customised advertising, help us with the prevention, detection, mitigation and investigation of potentially illegal acts, violations of our Terms of Use, fraud and/or security breaches, bill collection, affiliate and rewards programs and other business operations
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third party financial institution partners who may offer financial products to you, for them to provide joint content and services (such as registration, transactions and customer support). These third party financial institution partners will use your personal information to send you marketing communications only if you have requested their services
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other third parties when you have given consent to share your information via Marketfair TPS
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Marketfair TPS uses Nielsen software to measure and analyse usage of our website. To learn more about the information that Nielsen software may collect and your choices with regard to it,
We may disclose your information to law enforcement and other parties in connection with the law, including:
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law enforcement or governmental agencies, or authorised third-parties, in response to a verified request regarding a criminal investigation, alleged or suspected illegal activity, or any other activity that may expose us, you or any of our users to legal risk
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participants of the Marketfair TPS 'Verified Rights Owners Program' under confidentiality agreement, if we decide that it is necessary to disclose that information in connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful activity
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credit agencies or bureaus as authorised by applicable national laws
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third parties commencing, or involved in, a legal proceeding if they provide us with a subpoena, court order or similar legal document
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other third parties to comply with our legal requirements, enforce our Terms of Use, respond to claims that a listing or other content violates the rights of others, or if we otherwise believe in good faith that the disclosure is needed to prevent imminent physical harm, harm to property, financial loss or to report suspected illegal activity
Change of ownership
If we were to merge with or be bought by another company, we may share information with them in accordance with our privacy standards. The new combined entity would comply with this Privacy Notice. If your personal information is to be collected, used, disclosed or retained for any purposes not covered in this Privacy Notice, you will receive advance notice of any changes to the processing of your personal information.
Security
We protect your information using technical and administrative security measures. Our safeguards include firewalls and data encryption, physical access controls to data centres and information access authorisation controls. If you believe your account has been abused, please contact Customer Service.
Important Information
Social login
When you use social login:
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If you sign into your social network account using the same email that you previously used to register for an account with us, you will access your existing account with us
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If you sign into your social network account using an email address that we don’t recognise in our systems, a new account will be created in our systems for you
You may use social login or regular sign in each time you login into your account with us. If you use regular sign in but a password has not been issued to you (because you registered through social login) you need to get a password through the password reset flow.
You may use social login or regular sign in each time you login into your account with us. If you use regular sign in but a password has not been issued to you (because you registered through social login) you need to get a password through the password reset flow.
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Don’t use social login if you are accessing our Services using a public or shared device
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Visit your social network provider site to learn about their sign in policies and your options
Unwanted or threatening email
We do not tolerate abuse of our Services. You do not have permission to add other users to your mailing list, call or send SMS messages for commercial purposes, even if a user bought something from you, unless the user has given their explicit consent. Sending unwanted or threatening email and SMS messages is against our Terms of Use. To report spam or spoof emails please contact Customer Service.
Third party privacy practices
This Privacy Notice addresses only the use and disclosure of personal information we collect from you. If you disclose your information to others, or if you are directed to a third party website, their privacy notices and practices will apply.
We can’t guarantee the privacy or security of your information once you provide it to a third party. You should check the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information, even when dealing with buyers or sellers on our site.
What are the Jobs Policies?
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Each job posting must advertise a specific position (one vacancy only).
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Generic postings advertising multiple vacancies or employment services are not allowed.
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Each ad for employment should state whether the job is permanent (full time or part time), fixed term or casual, pay rate (specifying whether it is hourly, weekly, annually), other benefits, location and an overview of the position duties and responsibilities.
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If the ad is for a pieceworker (someone who gets paid based on the quantity produced i.e. how much they picked, packed, pruned or made) and the employee would be entitled to an hourly or weekly pay rate, then this rate of pay must be included in this ad, or the ad must include a statement that a hourly or weekly rate will apply to this role.
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All ads for employment must meet minimum employment law conditions outlined in the Fair Work Act 2009 and applicable modern award/enterprise agreements.
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All job postings for employment must offer a rate of pay that satisfy minimum rates of pay requirements, and that comply with relevant legislation (including the Fair Work Act 2009). Significant consequences may result for breaches of the Fair Work Act including prosecution, financial penalties and requirements to make back payments
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The current minimum wage rates can be accessed http://www.fairwork.gov.au/pay-and-wages/minimum-wages This rate increases in July every year. Employees may also be covered by a modern award (which might have higher rates of pay than the national minimum wage). Casual employees are also usually entitled to be paid an extra casual loading (typically, 25% of the base rate of pay).
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Modern awards and enterprise agreements may require employers to pay you extra if you work at certain times (for example, on weekends, public holidays, after normal business hours or if you work more than 8 hours a day/38 hours a week).
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Permanent employees (part-time and full-time) are also entitled to personal leave, annual leave and long service leave. In some states and territories, casual employees are entitled to long service leave.
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The National Employment Standards in the Fair Work Act 2009 set other minimum terms and conditions for employees in Australia (such as maximum hours of work and other leave entitlements).
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Subject to some minor exceptions, employers are also required to contribute superannuation on behalf of their employees (part-time, full-time and casual). Temporary residents are also eligible for superannuation. Contributions must be made by the employer into the employee’s nominated superannuation fund (or into a default fund if the employee does not nominate a fund) at least every three months. Superannuation paid on an employee’s ordinary time and the actual rate can be accessed here. Superannuation is payable for employees over 18 years of age (regardless of how many hours per week they work) and for employees under 18 years old if they work more than 30 hours in a week.Superannuation is payable for employees over 18 years of age (regardless of how many hours per week they work) and for employees under 18 years old if they work more than 30 hours in a week.
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The minimum entitlements outline above all apply to foreign workers including individuals on work visas.
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Visit http://www.fairwork.gov.au/pay-and-wages and http://www.fairwork.gov.au to access modern awards and enterprise agreements, and for more information around pay and conditions for employees in Australia.
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Each job posting must be written in English. A foreign translation may be included below.
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Advertisers must clearly identify themselves by their full legal name and ACN/ABN (if applicable).
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Advertisers may not use this category as a platform to promote their business.
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We do not accept postings which require candidates to send money or stamped addressed envelopes to gain further details of the positions.
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We do not accept multi-level marketing (MLM)" jobs or "work from home" jobs.
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We do not accept postings that advertise pyramid selling
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We do not accept job adverts for cash in hand work.
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We do not accept postings that contain links to other websites that offer the user job posting facilities.
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Job postings should be placed in the category which most closely relates to the actual nature of the vacancy rather than the nature of the employer or industry. If you are unsure, post in the 'General Jobs' category.
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We ask that all fields in the Job Posting Form be filled out correctly.
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We do not accept postings that advertise for models or actors (either male or female) use generic (Hotmail, Yahoo, Gmail, etc) email accounts and/or mobile phone numbers. These posters must include a registered agency email address and land line phone number.
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We do not accept adverts for Escort/Adult industry work.
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We do not accept job adverts for medical trials of any kind, with the exception of specifically permitted recruiters who have satisfied Gumtree's internal requirements.
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We reserve the right to remove ads that breach our posting rules and/or our Terms of Use.
It is the responsibility of the advertiser before posting an ad on MarketFair TPS that content advertised adheres to MarketFair TPS Posting Policies as well as all applicable laws. As a condition of your use of MarketFair TPS specified under our Terms of Use, you agree that you will not violate any laws and that your ad complies with the requirements of all laws. MarketFair TPS accepts advertisements on the condition that advertisers comply with the requirements of this Jobs Policies (including in relation to minimum rates of pay and other minimum terms and conditions of employment). Any violation of laws will result in your job ad being removed.
Freebies Privacy Policy
1. Marketfair TPS Freebies Privacy Policy
We are committed to compliance with our obligations under the Australian Privacy Principles and the Privacy Act 1988 (Cth) (Privacy Act).
Please take a moment to read our Privacy Policy as it describes what happens to your personal information (being information or an opinion about you, whether true or not, which identifies you or from which your identity is reasonably identifiable) that is collected via:
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the Marketfair TPS application designed for Apple iOS and Android OS devices and any other software or documentation which enables the use of this Site and
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the website and community Marketfair TPS (the Website),
2. Definitions
Membership means our membership system whereby users of the Platform may apply to become members of our Platform (Members). Only Members are permitted to access and use the features and benefits of the Platform relating to Membership. See our Terms of Use at Terms and Conditions for the definition of any terms not defined in this Privacy Policy.
3. Personal Information
4. Collection of your personal information
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Marketfair TPS will collect and hold your personal information in a fair and lawful manner, and not in an unreasonably intrusive way. Where it is reasonably practical to do so, we will collect your personal information directly from you.However, in certain cases we will collect personal information from third parties, including from publically available sources.
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Where practicable, we will deal with you anonymously or under a pseudonym and you do not generally have to provide any personal information to us unless you want to or unless you apply for Membership. However, due to the nature of our services, where you do not wish to provide us with your personal information, we may not be able to provide you with requested products or services.
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We do not collect any personal information which is required to be given by you to enable online payment for services through our Website. Any information required to be given by you to enable such payment is collected by the financial institution which provides the particular payment transaction facility.
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Direct collection
We may collect the personal information you directly give us through some of the following means:
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when completing theMembership registration form on our Website;
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when completing the registration process for the site;
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from Site account opening forms and other related correspondence (whether in writing or electronically);
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while conducting customer satisfaction and market research surveys;
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whilst administering any of our services;
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when you sign up to receive our Marketfair TPS Newsletter;
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when you have sign up to receive email alerts on items you want, listing items to give, requesting items and asking questions;
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when you enter any promotions or competitions we run from time to time; and
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as otherwise required to manage our business.
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data collected at Marketfair TPS is independent to Marketfair TPS member details and are stored on a separate database.
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Automatic collection
We may collect personal information automatically through some of the following means:
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we may receive location data passed to us from third-party services or GPS-enabled devices you have set up;
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we may collect information about how you use the Platform to assist us to provide you with more tailored services, and to enable us to develop and improve our services; and
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we may use 'cookies' to store and sometimes track information about you, but only on an anonymous basis.
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5. Types of personal information we collect
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Platform
We usually obtain personal information directly from our users via the Platform and from maintaining records of information provided in the course of ongoing customer service. To use our Platform and become a Member, you will need to provide us with at least your name, your email address, your password and postal address. You may provide further information to allow us to tailor our services. This information may include (but is not limited to) your age, your gender and your telephone contact details including mobile phone number
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Use Information
We may collect information about how you use the Platform to assist us to provide you with more tailored services, and to enable us to develop and improve our services. When you use the Platform , the information we may collect can include (but is not limited to): the functions you have used; how you have shared content; third party content you have received; advertisements you have clicked on; and third party websites you have access to via the Platform. We may also collect information from the devices and networks that you use to access the App to help us develop and secure our services. The information we may collect can include (but is not limited to): the internet protocol (IP) address of your computer of the proxy server that you use to access the internet; your type of browser; your mobile device and the name of your ISP or your mobile phone carrier. We obtain some of this information from third party analytics companies whom we have allowed to access a database of de-identified material of ours in order to provide us with this information. The platform may run competitions, promotions or offers from a third party. The terms and conditions are the responsibility of those parties and you need to consider the individual privacy policy of the third party before disclosing your personal information. The platform may publish links to other sites. The platform does not control the privacy policies or practices of 3rd party websites. The platform provides these links solely for information and the convenience of our visitors.
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Cookies We may use 'cookies' to store and sometimes track information about you, but only on an anonymous basis.The Platform may use cookies to improve the user experience and to ensure that it is functioning effectively and on occasion to advertise online through third party vendors. A cookie is a small amount of data sent from a server which is stored on your computer's hard drive.You can set your browser to refuse cookies or to ask you before your browser accepts them. Certain parts of our Platform may require a cookie to be activated and, if you choose to reject the cookie, a particular feature may not be available to you.
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By using the Platform, you agree to our use of cookies as described in this Privacy Policy.
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Cookie management. You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Most browsers accept cookies by default. To learn more about cookies, including how to refuse cookies on your computer, click these links: Microsoft Internet Explorer
Mozilla FireFox
Google Chrome
https://support.google.com/chrome/answer/95582
Apple Safari
http://support.apple.com/kb/HT1677
6. Our purposes for handling your personal information
As a general rule, Marketfair TPS only processes personal information for purposes that would be considered relevant and reasonable in the circumstances. Marketfair TPS will only collect information that is necessary for the purposes described n this Privacy Policy, or other purposes specifically communicated to you. Marketfair TPS uses fair and lawful methods to collect personal information. Marketfair TPS collects, holds, uses and discloses personal information to:
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provide the Platform to you;
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enable access to information to you;
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enable you to share content;
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comply with its legal and regulatory obligations; and
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otherwise to manage Marketfair TPS business.
7. Use and disclosure of personal information
Sometimes we may ask you to disclose personal information to enable us to provide you with certain services related to our Website. In the case of Membership applications, we may ask you to provide certain personal information about yourself before you can become a Member. The primary purposes for which we use and disclose personal information include:
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providing you with information available on our Platform;
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reviewing and considering any application for Membership;
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activating and maintaining your Membership account;
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completing transactions for services you have requested from us in responding to your queries;
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maintaining user records;
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offering entry to competitions/survey participation; and
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Platform registration procedures;
We may also use and disclose your personal information we collect for a secondary purpose.A secondary purpose is one which is related to the primary purpose of collection.Some of the secondary purposes for which we may use your personal information include:
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marketing our services to you;
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Platform development;
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market research; and
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to keep you informed of any changes to our business or other offerings that may be of interest to you.
We will not use or disclose your personal information for any other purpose unless you have consented to that use or disclosure.
We may also disclose your personal information to our professional advisors or contractors, to help us run our business. Each of our advisors and contractors is bound by obligations of confidentiality.
7.2 Electronic messages from Marketfair TPS (including via SMS, MMS and email)
We may send you electronic messages (including via SMS, MMS and email) using your personal information which we have collected. We will only send you electronic messages in accordance with law and if we:
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obtain consent from you (which we may, for example, seek from you in the course of you applying for Membership or using the features of your Membership);
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identify ourselves within the message; and
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include within the message a means of allowing you to ‘unsubscribe' or opt out of receiving future messages of that kind from us.
7.3 Surveys and Competitions
We may offer competitions or invite responses to surveys on our Website. If we collect your personal information as a result of you choosing to participate in a competition or survey, we will use this information for the purposes of conducting the competition or survey and otherwise with your consent. We may seek your consent to use your personal information for different purposes in the course of you submitting an entry to or registering to take part in the competition.
7.4 Value-added messages
We may use your personal information, including your contact details, to provide you with information about products and services, including those of third parties, which we consider may be of interest to you.
You may opt out at any time if you no longer wish to receive direct marketing information. You can make this request by contacting our Privacy Officer.
7.5 Communication via the Platform
To ensure that the platform is being used in accordance with our Terms of Use, we reserve the right to monitor communcations between members via the Platform.
8. Accessing and correcting your personal information
You may contact our Privacy Officer to request access to the personal information that we hold about you and/or
to make corrections to that information, at any time.On the rare occasions when we refuse access, we will
provide you with a written notice stating our reasons for refusing access.We may seek to recover from you
reasonable costs incurred for providing you with access to any of the personal information about you held by
us.
Marketfair TPS is not obliged to correct any of your personal information if it does not agree that it
requires correction and may refuse to do so.If Marketfair TPS refuses a correction request, we will provide you
with a written notice stating our reasons for refusing.
As a Member, you can update certain information relating to you Membership (for example, your default
location and radius) online by using the facility provided on your Membership home page.
9. Protection of personal information
Marketfair TPS maintains appropriate physical, procedural and technical security for its offices and
information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or
modification of personal information.This also applies to disposal of personal information.
Users who take up Membership also play an important role in keeping personal information secure. As a Member,
you need to ensure all passwords and account details secret and notify us as soon as you suspect any
unauthorised use of your account or any other breach of your security.
Marketfair TPS further protects personal information by restricting access to personal information to those who
need access to do their job.
10.Conversion Tracking
Marketfair TPS may use conversion tracking to monitor effectiveness of advertising. Such services include Google AdWords free conversion tracking and Facebook's conversion tracking pixel. Third parties may use cookies, web beacons, and similar technologies to collect or receive information from your website and elsewhere on the internet and use that information to provide measurement services and target ads. Users can opt-out of the collection and use of information for ad targeting at www.aboutads.info/choices.
11. When does this Privacy Policy not apply?
This Privacy Policy only applies to personal information collected or held by us.It does not cover third party websites referred to in or linked from the Platform.Those sites may have their own privacy policies
12. Transfer of personal information overseas
We do not disclose any of your personal information overseas.
13. Resolving personal information concerns
If you have any questions, concerns or complaints about this Privacy Policy, or our use of your personal
information, please email our Privacy Officer at hello@marketfairtps.com.au or write to
Once a complaint has been lodged, the Privacy Officer will respond to you as soon as possible.
You may also lodge a complaint with the Office of the Australian Information Commissioner by telephone: or www.enquiries@oaic.gov.au
14. Changes
We reserve the right to change the terms of this Privacy Policy from time to time, without notice to you. An up-to-date copy of our Privacy Policy is available on the Platform
Freebies Terms and Conditions
Marketfair TPS Freebies Terms and Conditions
1. About these Terms of Use
This website is operated by Marketfair TPS (Marketfair TPS, us, we, our).
These Terms of Use set out the terms on which you, as a user of our website, may access and use our website. Whenever you access our website, you must agree to do so only in accordance with these Terms of Use.
These Terms of Use incorporate our Privacy Policy and any other notices and disclaimers which appear in our website (but only to the extent such notices and disclaimers are not inconsistent with these Terms of Use).
These Terms of Use are subject to change without notice (provided that at the time of making such changes we don't believe they will be likely to directly cause you any serious disadvantage). Please check back to our website regularly to access the most current version.
2. Membership
2.1 Benefits of Membership
We have implemented a membership system whereby we may accept certain users to become members of our website
(Membership, Members). Members can enjoy a much more interactive and comprehensive online experience.
Membership gives users the ability (subject to these Terms of Use):
to access private webpages and information which relate to them specifically (Membership Account); and
to use the online classifieds platform which is contained within our website (Classifieds Services).
2.2 Types of Membership
There are two types of Membership for our website:
Standard User Membership; and
Organisational Membership.
As a Member you may access and use the features and functionality of our website which relate to your type of
Membership (as well any other services which we may offer you from time to time). Access to and use of the
features and functionality relating to each type of Membership is prohibited unless you are a Member with such
Membership type (as at the time of making or attempting such access or use). As a Member you must comply at all
times with these Terms of Use.
The features and services available to Members will depend on the type of Membership taken up and whether any
payment of fees and charges apply. These differences may change from time to time due to the independently
changing nature of each type of Membership. We may change each type of Membership (including without limitation
by changing or deleting features or functionality) at any time and for any reason without notice.
2.3 Standard User Membership
Australian residents aged 18 years or older can apply for Standard User Membership in accordance with section 2.5 below.
2.4 Organisational Membership
The following types of organisations can apply for Organisational Membership:
Non-profit organisations
For the purposes of these Terms of Use, a non-profit organisation is a group or association consisting of any
number of individual members which is not operating (and which cannot be wound up) for the profit or gain
(either directly or indirectly) of any of those members.
Charitable organisations
For the purposes of these Terms of Use, a charitable organisation is an entity established for altruistic
purposes that the law regards as charitable. To be regarded as a charitable organisation an entity needs to at
least have the following characteristics:
it exists for the public benefit or the relief of poverty
its sole purpose is charitable (within the legal sense of that term)
it is non-profit
it is also a trust fund or an institution.
Organisations which embody a "social enterprise"
For the purposes of these Terms of Use, an organisation embodies a "social enterprise" if we deem it to be so.
We reserve the right in our sole discretion to refuse to deem (and revoke any previous deeming by us) that an
organisation embodies a "social enterprise". Without limitation, we will take into account the extent to which
an organisation promotes environmental sustainability in considering whether it embodies a "social enterprise".
Only the organisations set out in this section 2.4 can apply for, take up and maintain Organisational
Membership. We reserve the right to request and verify the credentials any person who submits an application
for Organisational Membership at any time. We may refuse any application for Organisational Membership if we
think (in our sole belief) that the person making such application is not a non-profit organisation and
otherwise in accordance with section 2.5 below.
2.5 Applying for Membership
You may apply for either Standard User Membership or Organisational Membership by the relevant application process provided on our website from time to time and, in any event, only in accordance with these Terms of Use.
Without limiting anything else in these Terms of Use, we may refuse your application for any type of Membership
if:
you fail to properly complete the relevant application for Membership; or
we believe that you will or intend to breach or you have breached any part of these Terms of Use.
For each type of Membership, Members must actively accept these Terms of Use when prompted during the relevant
Membership application process.
2.6 Classifieds Services
Our Classifieds Services provide Members with a facility for the distribution and publication of information about certain goods which Members may wish to dispose of or acquire. Our Classifieds Services do not provide any means for establishing, inferring or confirming any legally binding relationships between Members in relation to any goods.
If you are a Member and you have goods which you own and you want to dispose of you may use the relevant features of our Classifieds Services to make information available to other users of our website about the goods which you are considering disposing of (Item Listing).
If you are a Member and you want to acquire goods you may use the relevant features of our Classifieds Services to:
notify the Member associated with an Item Listing that you are interested in acquiring the goods described in that Item Listing (Item Enquiry); or make information available to other users of our website about the goods you are considering acquiring (Item Request). You may only make an Item Listing, Item Enquiry or Item Request if you have a genuine intention to dispose of or acquire (as applicable) the goods which are described in such Item Listing, Item Enquiry or Item Request without any payment of money (or other valuable consideration) being required in exchange for the transfer of ownership in such goods. We do not in any way control and, to the full extent permitted by law, we do not warrant:
the suitability, quality, safety or legality of any goods the subject of any Item Listing, Item Enquiry or Item Request; the accuracy or truth of any Item Listing, Item Enquiry or Item Request; or the ability of any Member making an Item Listing, Item Enquiry or Item Request to complete any related transaction.
2.7 Prohibited Item Listings
We reserve the right, without limitation, to refuse or remove any of your Item Listings if we reasonably believe any of the following circumstances apply:
if you breach or if we have reason to believe you will or intend to breach any part of these Terms of Use (irrespective of whether you doing so is causally connected with your Item Listing); the goods referred to in your Item Listing, or the Item Listing itself, does or is reasonably capable of infringing any rights (including any intellectual property rights) of any third party; or your Item Listing contains or refers to any goods which we believe are not suitable for listing or cannot legally be listed on our website (for example certain pornographic goods, drugs and drug paraphernalia, tobacco, liquor, weapons, ammunition, explosives, fireworks, hazardous chemical, biological and radioactive materials, animal products, animals, birth certificates, drivers licenses, passports, official uniforms and goods that are religiously, sexually, racially or in any other way offensive).
2.8 Classifieds Services requiring payment
As a Member, you may need to pay us certain fees and charges prior to being able to use some of the Classifieds Services. Any and all such fees and charges must be paid in accordance with section 5 below.
For example, if you have Organisational Membership, you may request to be provided with you own "mini-site" for your organisation, and in doing we may require you to pay us a fee.
2.9 Your Membership details
As a Member, you consent to the following of you Membership details being made visible to other Members in accordance with your use of our Classifieds Services:
username
postcode location within Australia
Member rating
Feedback
Other than these details, we will only collect, use, disclose and provide access to your personal information
in accordance with our Privacy Policy.
2.10 Responsible use by Members
As a Member, you must:
use this website in a way that promotes a safe, efficient and friendly online environment for all users;
act honestly and with due care and skill in submitting any material to our website;
not engage in any anti social behavior during participation in any forums, online discussion areas, blogs or
news article or video commentaries on our website; and
not submit any material to our website which is likely to be considered by some or all users of our website, or
by a reasonable proportion of members of the Australian public, as offensive, inflammatory, libelous or
degrading.
2.11 Ending your Membership
Provided you have first made full payment of all amounts owing to us in relation to your Membership, you may
end your Membership by sending an email request to do so to hello@marketfairtpscom.au.
Due to administrative reasons, a delay may be experienced between the time we receive your email ending your
Membership to the time we actually deactivate your Account.
We reserve the right (but not the obligation) to not act upon any email request purporting to end or change a
Member's Membership if we do not reasonably believe that such request was made by the applicable Member or by
an authorised agent on behalf of the applicable Member.
We reserve the right to immediately suspend or end your Membership without notice:
if you breach or if we have reason to believe you will or intend to breach any part of these Terms of Use;
if you fail to access your Account for any period of time being at least 12 consecutive months;
if you have an Organisational Membership and cease at any point in time and for any duration of time to be at
least one of the organisations set out in section 2.4 above; or
for any other reason whatsoever without cause.
Any suspension or ending of your Membership by us will not in any way affect your obligation to pay all amounts
owing to us in accordance with your Membership as at the date of it being suspended or ending. If we end your
Membership without cause, we will, if applicable, refund to you on a pro-rata basis the amount of payments that
you have made corresponding to your Membership as remaining at the date of it ending.
Once your Membership has been suspended or ended, any material you have submitted to our website may not be
accessed or retrieved by you (subject to your personal information in respect of which our Privacy Policy
applies).
3. Content on our website
3.1 Content generally
You must not use any logos, images, text, drawings, trade marks, audio files, video files, software or any other type of file or subject matter on our website (Content) for any illegal or unlawful purpose.
3.2 Copyright notice
© Copyright 2023 Marketfair TPS
3.3 Copyright
Copyright in all Content is owned by or licensed to us.
You may only reproduce, download or print Content strictly for personal use and without modification, and
whenever doing so you must include the copyright notice in part 3.2 above.
All other use, reproduction, downloading, printing, communication, broadcasting or adaption of any Content is
prohibited except where necessary for viewing the Content on your Internet browser, or specifically authorised
by law or in writing by us. Please contact us if you would like to use any of the Content for commercial or
educational purposes.
3.4 Trade marks
Without limitation, the following trade marks appearing on this website are owned by us:
the words: " Marketfair TPS ".
The use of any of our trade marks is strictly prohibited unless we provide prior written consent. All other
trade marks appearing on this website are trade marks of their respective owners.
3.5 Other intellectual property
Without limiting anything else in these Terms of Use, all intellectual property rights in any Content is owned by or licensed to us. Nothing in our website (nor the mere act of a user being granted Membership) grants, or shall be construed as granting, any license, sub-license or right to use any part of our website, including any Content.
3.6 Information
We take reasonable steps to ensure the accuracy of the information we provide on our website. We update information on our website regularly. However, we cannot guarantee the accuracy or currency of any information we provide on our website. We only provide information on an "as is" basis and you rely on information so provided at your own risk. Information on this website is subject to change without notice.
3.7 User submitted material
By submitting material to our website (user material) you:
grant to us a perpetual, royalty free, non exclusive, irrevocable, worldwide, unrestricted licence to use,
reproduce, publish, broadcast, perform, modify and sublicense for any of the foregoing that user material for
any reason whatsoever, including without limitation for the purposes of commercial exploitation;
expressly waive in favour or us (and our sublicensees) all moral rights or similar rights in respect of that
user material in any jurisdiction worldwide;
warrant that you are the owner and author of that user material and that any use by us of that material which
is in accordance with these Terms of Use will not infringe the intellectual property rights of any third
parties; and
agree to, at our cost, execute any further documents which may be required by us to protect our rights under
these Terms of Use, including without limitation our licensing rights in respect of your user material.
In the case of user material which contains personal information, we will only use such material in accordance
with our Privacy Policy.
While every effort is made to use user material in the form in which it was submitted, we take no
responsibility for any errors, omissions, changes or misunderstandings resulting from the use of such material.
User material will be accepted or refused at our absolute discretion, including with respect to the timing of
any acceptance or refusal. We reserve the right to not publish any material submitted by users.
3.8 Links to third party websites
This website may contain hyperlinks and other pointers to websites of third parties (links). These links do not imply any endorsement or approval by us of any third party websites or of the businesses or activities of third parties. While we make some effort to ensure that these links are accurate, we are not responsible for the information or materials displayed on websites over which we have no control.
4. Restrictions on use generally
In addition to anything else contained in these Terms of Use, you must not:
engage in, facilitate or further unlawful conduct in relation to use of or access to our website;
use the website in a way that harms us or our advertisers, affiliates, resellers, distributors or vendors, or
any customer of ours or our advertisers, affiliates, resellers, distributors or vendors;
use any portion of the website as a destination linked from any unsolicited bulk messages or unsolicited
commercial messages;
use any automated process or service to access and/or use the website (such as a BOT, a spider, periodic
caching of information stored by us, or "meta-searching");
use any unauthorized means to modify or reroute, or attempt to modify or reroute, the website;
damage, disable, overburden, or impair the website (or any networks connected to the website) or interfere with
anyone's use and enjoyment of the website;
resell or redistribute the whole or any part of our website;
reverse engineer, decompile or otherwise attempt to extract the source code of any part of our website, unless
expressly permitted or required by law.
5. Payment
5.1 Your billing account
Our fees and charges are calculated in accordance with the information which we provide to you from time to time (errors and omissions excepted). When you create a billing account for fees and charges in relation to your Membership you must provide full details of your payment method. Your payment method must comply with our approved transaction facility. You must be authorised to use your payment method. You authorise us to charge you for fees and charges relating to your Membership using your payment method. We use PayPal to process payments by your payment method.
5.2 Updating your billing account
You must keep all information in your Membership billing account current, including without limitation your billing address and the expiration date of your credit card (if any). You can access your billing account through our website to make changes to it. You may change your payment method at any time provided it complies at all times with our approved transaction facility. We reserve the right to end Paid Membership if you advise us to stop using your payment method. Any notice to us to stop using your payment method does not in any way affect charges we apply to your billing account prior to us having had a reasonable opportunity to act on your notice.
5.3 Charges and credit to your billing account
Billing of fees and charges to your billing account by way of your payment method may occur in any of the
following ways:
in advance on a recurring ongoing basis
in advance on a one-off basis
We may charge you a different amount than what you approved. If this charged amount is greater than the amount
you approved, we will advise you of the amount and the date of the charge before we make the charge.
5.4 Prices and price increases
The prices for our fees and charges includes all relevant taxes (which taxes must be borne by you), but exclude
all separate costs in relation to you being able to access the Internet (which costs must be borne by you).
Currency exchange settlements are based on your agreement with your payment method provider.
We may change the price of any of our fees and charges time to time by providing 14 days prior notice to any
Members who will be directly affected by such changes.
5.5 Refund policies
Unless expressly stated otherwise by us or required by law, we do not offer any refunds for any of our fees and charges. Refunds will only be made (if required) by way of reversal transactions through the specific payment method by which the original payment in respect of the refund was made.
5.6 Billing statements and errors
We will provide you with an electronic billing statement. This is the only billing statement that we provide.
We will not provide paper copies of electronic billing statements.
You must promptly notify us if you know or suspect there is any error in relation to your billing statement. We
may correct errors in billing statements at any time. You release us from all liability and claims of loss
resulting from any error that you do not notify to us within 120 days of the date of the billing statement, in
which case we will not be required to correct any error.
5.7 Late payments
Except to the extent prohibited by law, we may assess a late charge if you do not pay any of our fees or charges on time. You must pay these late charges (in addition to normal charges) when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. All reasonable costs (including legal costs) which we incur in collecting (or attempting to collect) any past due amounts will be borne by you.
5.8 Payments to you
If we are required under these Terms of Use or by law to make any payment to you in relation to your Membership, you must first promptly provide us with all information we require to properly make such payment. You are solely responsible for the accuracy of any information that you provide to us and any taxes you may incur as a result of receiving a payment from us. You must comply with all reasonable conditions we place on any payment we make to you. If you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to fully cooperate with us in doing so.
6. General
6.1 Governing law
The use of and access to our website and these Terms of Use are governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia.
6.2 Users outside Australia
Our website may be accessed from within Australia and throughout the world. We make no representations that our website or any Content, material or information on our website complies with the laws of any country which is not Australia. If you access our website from outside Australia, you do so at your own risk and you are solely responsible for complying with the laws in the place from where you access our website.
6.3 Inability to carry out obligations
If we are unable to perform any or all of our obligations under these Terms of Use by reason of an event which is not reasonably within our control including without limitation omissions or impositions by federal or national government authorities, fire, flood, earthquake and other natural disasters, acts of god, war, revolution, strike, fuel shortages and shortage of raw materials, we are relieved of those obligations to the extent and for the period that they are unable to be performed.
6.4 Waiver
Waiver of a breach of these Terms of Use or of any right, power, authority, discretion or remedy arising upon a breach of these Terms of Use, must be in writing and signed by our duly authorised representative. A breach of this Agreement is not waived by any failure or delay in exercise, or partial exercise, of a right, power, authority, discretion or remedy under these Terms of Use.
6.5 Assignment
You may not assign your rights under these Terms of Use without our prior written consent. We may assign or novate these Terms of Use to any person at any time.
6.6 Severance
The provisions of these Terms of Use are deemed to be severable and any invalidity of any part or provision of these Terms of Use does not affect the validity of the remaining parts and provisions. If any part or provision of these Terms of Use found to be invalid is severed, we reserve the right to immediately terminate the effect of these Terms of Use without notice.
7. Disclaimer and limitation of liability
To the full extent permitted by law, we disclaim any warranties of any kind in respect of the use of or access to our website or any Content, material or information on our website. Liability for breach of any warranties which cannot by law be excluded is limited to the full extent possible. Without limiting anything else in these terms of use, we do not accept any liability whatsoever for any indirect, incidental, special or consequential damages or loss of profits in respect of the use of or access to (or any inability to use or access) our website or any Content, material or information on our website.
8. Animals Policy
Whilst we welcome the community to use the Freebies section of Marketfair TPS and we want to help find loving homes for pets that needed them, we have come to realise that this was not the best way to help combat the issues regarding irresponsible pet ownership. Therefore we no longer allow animals of any kind to be listed on the Freebies section of Marketfair TPS. If you have an animal that you can no longer care for or rehouse, please surrender them to an animal shelter to ensure they are cared for and have the best chance and finding a new home.
Check out these sites to help relocate an animal:
www.doggydossier.com.au/animal-welfare.php
Stuff you can't list on Marketfair TPS for Freebies
Even though we're offer a Freebies service on our website and you're looking to give away your items with the best of intentions, there are still some items we don't allow on the site. This is only for items that are potentially breaking any laws, are unsafe, or anything that we feel is generally inappropriate or in violation of our policies.
Please see below for a comprehensive list of items we don't allow on the site.
- Pets
- Birds
- Fish / Reptiles
- Any Animal
- Services / Free consultations
- Businesses
- Anything that asks for money with the exception of postage costs
- Prescription drugs
- Drugs and drug paraphernalia
- Pirated or copied media, including CD's, DVD's & games
- Pornographic goods or services
- Tobacco
- Liquor
- Unsealed or past used by food
- Weapons
- Ammunition
- Explosives
- Fireworks
- Hazardous chemical, biological and radioactive materials
- Any goods capable of infringing any rights including intellectual property rights
- Birth certificates
- Drivers licenses
- Passports
- Official uniforms
- Goods that may be religiously, sexually, racially or in any other way offensive
- Used underwear. (Underwear must be unworn and with original packaging / tags)
Other considerations:
- Baby car seats (manufacturers generally advise against using a seat that’s more than 6-10 years old.)
- Electrical items (Marketfair TPS recommends any electrical items be checked out by a registered electrical contractor or licensed electrician before you plug it in.)
Pets and Livestock Policies
These policies are based on RSPCA principles
The MarketFair TPS Pets section exists to help the community find safe, caring homes for pets. All ads placed in the MarketFair TPS Pets section must comply with the MarketFair TPS Pets Code Of Practice
For advice on responsible pet ownership, please see our MarketFair TPS Guide to Responsible Pet Ownership.
The MarketFair TPS Pets section is NOT intended to facilitate uncontrolled or irresponsible breeding, irresponsible commercial pet trading, trade of dogs or any other animal for the purpose of fighting or stud services. Any ads reported to us for promoting this kind of activity will be removed. Users are responsible for complying with MarketFair TPS policies about adopting, buying or selling a pet and posting an ad on MarketFair TPS.
MarketFair TPS is a community site and we rely on your feedback to keep the site friendly and safe. We like to think of it as you, the MarketFair TPS community, ’policing’ the site and keeping out the bad guys. Ads which you believe promote uncontrolled/unsafe/unethical/irresponsible breeding practices please report to hello@marketfairtps.com.au and we will take a look.
In our continuous commitment to animal welfare, animal rights and responsible pet ownership, we have the following rules in the Pets category on MarketFair TPS:
Policies for all community members:
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MarketFair TPS encourages all pet owners to have their animals checked with a vet, vaccinated and microchipped before they are advertised on MarketFair TPS. If you are selling a microchipped pet, microchipping documentation should be provided to the buyer. Microchipping is required in most States and Territories, please see the following for further information: https://www.rspca.org.au/campaigns/responsible-pet-ownership/microchipping
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To better protect animal welfare and support responsible trading under our MarketFair TPS Pets Code of Practice, MarketFair TPS has a mandatory insertion fee across all pets and animal listings. The insertion fee will vary depending on the category of pet, and the supply and demand of those categories. To help reunite lost pets with their owners, users will be able to post animals within the Lost & Found section for free. Animal shelters and rescue organisations will also be able to list for free. The insertion fee can be paid using a credit card or PayPal. After paying the insertion fee, your ad will appear on MarketFair TPS for 30 days. At the end of the 30-day period, you will have the option to re-list it payable at the same rate.
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In accordance with RSPCA guidelines, the following information must be included in the description of your advertisement (if it is not otherwise being provided as part of the advertisement):
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Vaccination status: vaccinated or unvaccinated
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Desexed status: desexed or entire
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Health Status: has the animal undergone a veterinary check in the last 12 months? (Yes or No)
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Breeder Registration Number (or similar identification): This requirement varies in different jurisdictions (for example, some jurisdictions have a mandatory dog breeder register). If unsure, you should check with the relevant local authority.
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Sex: male or female
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Expected Adult Size: very small, small, medium, large or very large
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All ads must include an accurate date of birth for the animal. Animals must be of a certain age before they can be sold or made available for adoption, as they must be self-sufficient - i.e. they must be able to feed themselves, independently. Please find below our policy as to the minimum required age a specific animal must be before it can be sold or made available for adoption. We strictly enforce these policies as part of our commitment to animal welfare. You can post your ad before the minimum required age as long as you ensure to include the date the animal will be available for adoption/rehoming/sale in your ad description. If the attribute corresponding to the date of birth is not otherwise included in the process of creating your ad, please ensure it is accurately and clearly described in your ad description.
Minimum required age:
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Cats and Dogs: must be at least 8 weeks old. Unborn puppies and kittens are not permitted to be posted
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Rabbits: must be at least 8 weeks old
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Guinea Pigs, Mice and Rats: must be at least 4 weeks old
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Birds: must be fully weaned
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Ferrets: must be at least 10 weeks old
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Frequency of breeding should be based on veterinary advice. Breeding females should not be made to breed more than once in a 12-month period; this is considered unhealthy
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The following breeds of dog cannot be advertised on MarketFair TPS:
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Pit Bull Terriers;
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American Pit Bull Terriers;
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Dogo Argentino (Argentinian fighting dogs);
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Fila Brasileiro (Brazilian fighting dogs);
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Japanese Tosas;
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Perro de Presa Canario;
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Dogs that have been declared as a dangerous dog under any state law or regulatory guidance; and
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Dogs used or intended to be used as commercial security dogs.
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Breeders should allow potential buyers to visit the place where the animal was bred to meet the mother animal (and father, if that is possible).
Additional policies for breeders registered with a breeder association:
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Breeders must include the breeder association they are registered with in their ad description and should provide their membership details to buyers.
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Breeders should provide their government registration/licence/permit details to buyers, where this applies in their State/local council area. Requirements can vary between States/regions.
Additionally, you should check with your local council, State regulatory body and any other relevant industry groups for any specific policies, rules and/or regulations about the sale of pets in your State. We have set out below a non-exhaustive list of policies that may apply in some States and Territories.
State / Territory - specific policies (non-exhaustive):
VICTORIA
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From 1 July 2019, any person or business who is advertising to sell or give away a dog or cat must be enrolled on the Pet Exchange Register. From 1 July 2019, It is a legal and site requirement that all dogs and cats advertised in Victoria have a microchip number and source number generated by the Pet Exchange Register as outlined by Animal Welfare Victoria https://per.animalwelfare.vic.gov.au/. Each full microchip number and the source number for your cat or dog must be included in the ad, with one number in the microchip field and the remainder in the ad description.
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Buyers and adopters are strongly encouraged to verify the source number on dog and cat ads on the Pet Exchange Register before purchasing/adopting the pet.
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Advertising Koi Fish is prohibited by law in VIC and cannot be advertised in VIC locations on MarketFair TPS.
QUEENSLAND
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It is a legal and site requirement that all dogs advertised in Queensland born after or on 26 May 2017 must be registered with the Queensland Dog Breeder Register and their Supply Number must be included in the ad description, unless they are subject to one of the exemptions. Please refer to the Queensland Dog Breeder Register for more information about supply numbers and exemptions here. Please note that MarketFair TPS does not verify the Supply Number posted in the ad and strongly encourages potential buyers to confirm the accuracy of the Supply Number using the Queensland Dog Breeder Register before purchasing a dog. Please also double check whether your dog may be exempt from the requirement for a Supply Number. If you have any questions about the Queensland laws, contact the Queensland Department of Agriculture and Fisheries here.
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Advertising rabbits is prohibited by law in QLD and cannot be advertised in QLD locations on MarketFair TPS.
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In QLD there are penalties for keeping and selling certain native wildlife without the required licence or paperwork, which includes many birds, and some amphibians, reptiles and invertebrates. It is the sellers responsibility to ensure they have the required licence or paperwork in order to sell these kinds of native wildlife on MarketFair TPS, and the seller must provide this information if requested by MarketFair TPS (or by a relevant government agency). If either the seller or buyer does not hold the necessary licenses or paperwork, the buyer should not proceed with the purchase. Please see the following link for more information: https://www.qld.gov.au/environment/plants-animals/wildlife-permits/permit-types/keeping-native-animals
NEW SOUTH WALES
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From 1 July 2019 in NSW, it is a legal and site requirement that all users advertising dogs and cats for sale or give away must include the following details in their ad description. Either:
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a microchip number for each pet advertised (one in the microchip field and the remainder in the ad description); or
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a breeder identification number; or
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a rehoming organisation number.
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If you advertise a cat or dog for sale in NSW from 1 July 2019 and don’t use an identification number, or you falsify a number, penalties may apply. If you are looking to buy a cat or dog in NSW, search the NSW Pet Registry to see the information on the animal listed for sale. For more information on the new rules in NSW, visit https://www.dpi.nsw.gov.au/animals-and-livestock/animal-welfare/animal-care-and-welfare/other/dogs-and-cats/selling.
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Advertising reptiles (turtles, snakes, crocodiles and lizards) and amphibians (toads and frogs) is prohibited by law in NSW. Department of Planning, Industry and Environment clearly state that you are not allowed to advertise to buy or sell animals, except in the newsletters of the reptile or frog keeper associations to which you personally belong. Reptiles and amphibians cannot be advertised in NSW locations on MarketFair TPS.
SOUTH AUSTRALIA
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In South Australia, if you advertise a cat or dog you must include your Breeder Registration Number (BRN) in your ad description.
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In addition, it is a legal and site requirement that all sellers in South Australia must include in their advertisements for dogs and cats:
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the identity of the seller (full name, address, phone number);
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the identity of the breeder (full name, address, phone number and dealer registration number);
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the vaccinations that the dog or cat has had and details of any other veterinary treatment received;
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whether the dog or cat has been microchipped, and if it has, the details of the person who performed the procedure (name and address), the date of the procedure, the microchip number, and the register that the dog or cat’s microchip number is synced with, or details of a relevant exemption that applies to the dog or cat; and
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whether the dog or cat has been de-sexed, and if it has, the details of the veterinary surgeon who performed the procedure (name and business address), the date of the procedure, the age of the dog or cat at the time of the procedure and the nature of the procedure, or details of a relevant exemption that applies to the dog or cat.
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WESTERN AUSTRALIA
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All cats that are 6 months of age or older must be microchipped, de-sexed and registered with the local government. Cats cannot be sold or transferred to a new owner until they are de-sexed and a microchip is implanted, regardless of age (unless a vet has issued an exemption on the grounds of negative impacts on the cat’s health and welfare). Kittens that have not been de-sexed may be transferred to a new owner if a pre-paid voucher is provided to the purchaser. A microchip must always be implanted prior to the sale of a kitten regardless of age.
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All dogs must be microchipped and registered with the local government once they reach 3 months of age. Non-microchipped dogs cannot be sold or transferred to a new owner (regardless of the age of the dog), except that dogs may be exempt from receiving a microchip if they cannot receive one on medical grounds. The owner will need to hold a medical exemption certificate from a registered vet.
AUSTRALIAN CAPITAL TERRITORY
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Under the Domestic Animals Act 2000, all ads to sell cats or dogs must include a breeder’s license number and this number must be included in your ad. There are offences for both breeding without a license and publishing an ad without breeder’s license. For more information on the new rules in ACT, visit https://ablis.business.gov.au/service/act/breeding-licence/40969.
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In ACT, the keeping and selling of pythons, ferrets, many birds and some lizard species (known as "non-exempt animals") requires a licence under the Nature Conservation Act 2014, the details of which must be included in the ad on MarketFair TPS when selling these species. Please see the following link for more information: https://www.environment.act.gov.au/parks-conservation/plants-and-animals/animal_licensing
TASMANIA
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From 1 March 2022, the owner of a cat that is more than four months of age must ensure that the cat is desexed and microchipped by a veterinary surgeon. Exceptions do apply.
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Any cat that is to be sold or given away must be:
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At least eight weeks old
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Desexed (or a certificate has been issued under s14(2) by a veterinary surgeon or the cat is being sold to a registered breeder or a person holding a Cat Breeding Permit for that specific cat).
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Microchipped (or a certificate has been issued under s12(2) by a veterinary surgeon).
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Meets the prescribed health requirements (i.e., includes a health check and vaccination by veterinary surgeon, and treated for internal and external parasites). For more information, visit https://nre.tas.gov.au/invasive-species/responsible-cat-ownership/breeding-selling-buying-cats
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It is the responsibility of the advertiser to ensure that their advertisement adheres to MarketFair TPS Posting Policies as well as applicable laws. It is also a condition of your use of MarketFair TPS, specified under our Terms of Use, that you will not violate any laws. We highly recommend that you check with the relevant state authorities before posting an ad in the Pets section of MarketFair TPS to ensure that the ad will not breach any applicable laws. By posting an ad, you've read and accepted the MarketFair TPS Posting Policies and the Terms of Use.
Advertiser Guidelines
Advertisers are solely responsible for all information that is submitted to MarketFair TPS and any consequences that my result from your post. MarketFair TPS reserves the right at our discretion to refuse or delete content that we believe is inappropriate or that breaches our Terms of Use. We also reserve the right at our discretion to restrict usage of the site either temporarily or permanently, or refuse a user registration.
Some handy tips to remember:
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MarketFair TPS connects buyers and sellers and encourages face-to-face local trading. This means that the majority of users who reply to your ad will be in your local area.
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To create a better experience for all users, you can only post one ad per item, service event, etc.
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Please choose the location and category that is most relevant to your ad and post one d there. Do not post the same d repeatedly across categories or locations.
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Posting duplicate ads and/or posting the same ad using a different email address isn’t allowed on MarketFair TPS. This isn’t fair to other users and is annoying when reviewing search results.
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For the most part businesses can sell on MarketFair TPS just like private sellers, however in some cases, businesses or people considered to be advertising for commercial purposes, may be subject to specific limits and/or policies.
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For more information on what can’t be sold on MarketFair TPS, please go to “What is not allowed on MarketFair TPS” You can include a web site address in the main body of your ad but URL’s are not permitted in the title. Please note that links on MarketFair TPS will not be clickable unless you purchase a link to your website as an individual feature or as part of an upgrade package.
General MarketFair TPS Posting Policies
Updated 5 May 2023
At MarketFair TPS we want to make sure that the site is as clean, friendly, and usable as possible for everyone. Ads that fall outside the posting rules stated in our Help sections or our Terms of Use may be removed from the site.
You are solely responsible for all information that you submit to MarketFair TPS and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate, or breaches our Terms of Use or breaches legislation. We also reserve the right at our discretion to restrict a user's use of the site either temporarily or permanently, or refuse a user's registration or cancel a user’s account.
General reasons for ads being deleted are:
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Ad breaches General MarketFair TPS Posting Policies
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Breaches of applicable laws. In particular, all job ads for employment must offer a rate of pay and terms and conditions of employment that satisfies the Fair Work Act 2009, the adult national minimum wage and modern award/enterprise agreement rates of pay.It is the responsibility of the advertiser before posting an ad on MarketFair TPS to ensure that content advertised adheres to MarketFair TPS posting policies as well as Australian laws. As a condition of your use of MarketFair TPS specified under our Terms of Use, you agree that your ad does not violate any laws and warrant that you have taken all reasonable steps to satisfy yourself that the terms and conditions (including the pay rate) offered for employment comply with the Fair Work Act 2009 and other relevant legislation.
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The item being offered for sale cannot be sold on MarketFair TPS. Go to our section what can't be posted for sale on MarketFair TPS.
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Including information in your ad which MarketFair TPS believes is designed to manipulate search, including keyword stuffing and adding tags to your ad. The ad is a duplicate of another ad previously posted.
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Posted under wrong category (You must choose the single most relevant category for your ad).
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Ads posted in a language other than English. We only accept ads in English. It's acceptable to include a translation of your ad in another language in addition to English.
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Ads posted from overseas or from behind a VPN unless the ad is posted in anticipation of you being in Australia (eg. to find a place to live or a job while you are here). MarketFair TPS is for Australian based individuals and businesses only.
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Ad contains external links: No external website links are allowed within your ad to other property / job / classified or auction sites.
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Not descriptive enough: Ads that do not provide enough detail will be placed on hold or removed as this makes for a bad browsing experience.
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Inappropriate language.
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Inappropriate photo / image.
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Discriminatory on race / religion / nationality / gender / sexual orientation/ political views etc
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Ads that report other fraudulent ads. Please report potentially fraudulent ads via the "report ad" option located within each ad or Contact Us with ad details (ad id, email address) and reasons why these ads should be reviewed.
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Ads that are intended to profit off natural disasters, health or public safety concerns, or tragic events.
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Ads that contain misinformation, including but not limited to the misinformation of health related information.
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Ads relating to the exploitation of children.
MarketFair TPS reserves the right to remove any ad that we feel breaches our policies or legislation, is not relevant, or of value to the MarketFair TPS community, with or without notice to the ad poster.
There are several ways that your ad may be found to be in breach of policy and removed from the site including:
• Your ad has been reported to us.
When this happens your ad may be temporarily suspended until we review it.
We check reported ads as quickly as we can. If we conclude that the ad hasn't broken any Posting Policies or Terms of Use we will activate the ad again promptly. Check back after a few hours to see if this is the case.
• Your ad has been removed by our moderation tools
Ads identified by our automated tools that break our Posting Policies or Terms of Use will be removed from the site.
In most cases we email you to let you know when we have had to remove your ad. These emails sometimes get directed to junk folders so please look out for MarketFair TPS emails. You may wish to add MarketFair TPS to your safe senders list if you have one.
If you have checked out all of these possibilities and none of them apply to your ad then please let us know by "Contact Us" we'll be happy to help you out.
Posting duplicate Ads
There are no limits on how many ads community users can post on MarketFair TPS, however business, or people considered to be posting at a commercial capacity may be asked to post an ad in the Services for Hire section instead.
We also ask that you don't post duplicate ads on the site:
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All ads posted must be unique. Unique means that the ads are substantially different from each other. Please do not post the same ad over and over again across categories or locations. Only post the ad where you are physically located.
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You should only post your ad on the MarketFair TPS site that's nearest to you or the product or service you're offering. If you post in multiple locations, your ads will be removed.
People that are willing to travel will set their search parameters to a wider area to find your ad.
These restrictions are in place to prevent users from "spamming" the site with duplicate content.
What is not allowed on MarketFair TPS?
Updated 26 January 2023
The list below details what can't be posted on MarketFair TPS in either offering or wanted ads:
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Alcoholic beverages
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Blood, body parts and bodily fluids, or offers of humans for sale, including offers or requests for adoption or surrogacy
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Burglary tools
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Counterfeit products, replicas or knock-off brand name goods
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Electronic surveillance equipment
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Embargoed goods
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Endangered or protected species, or any part of any endangered or protected species
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Prostitution and escort services that offer sex, sexual favours, sexual actions or sexual services in exchange for anything
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Fireworks, destructive devices and explosives
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Government and transit badges, uniforms, IDs, documents and licenses
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Hazardous materials including but not limited to radioactive, toxic and explosive materials
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Identity documents, personal financial records and personal information
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Illegal drugs, controlled substances, substances and items used to manufacture drugs and controlled substances, items designed only to help someone take drugs and drug paraphernalia
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Nitrous oxide products, including but not limited to nitrous oxide canisters, bulbs, nangs and cream chargers
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Illegal items and services, and items which encourage or facilitate illegal activity
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Illegal telecommunication and electronics equipment such as access cards, password sniffers, radar scanners, traffic signal control devices or cable descrambler
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Items issued to any Armed Force that have not been disposed of in accordance with that country's demilitarization policies
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Lottery tickets, sweepstakes entries and slot machines
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Material, pictures and images that are obscene, pornographic, adult in nature, contain nudity or are harmful to minors
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Material that infringes copyright, including but not limited to software or other digital goods which you are not authorized to sell
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New merchandise or services from network marketing companies, work-from-home, independent franchisees or distributors, or similar representatives
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Personal information or mailing lists. We do not accept the sale of bulk email, Internet Protocol (IP), Instant Messenger (IM), or mailing lists that contain names, addresses, phone numbers, or other personal identifying information. Any tools or software designed predominantly to send unsolicited commercial messages (UCE or "spam") are also not permitted.
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Selling or offering services for supplements/medicine general or pharmaceutical
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Prescription or non-prescription drugs and devices, drugs that make false or misleading treatment claims, or treatment claims that require therapeutic goods administration "TGA" approval
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Commercial tanning units or commercial tanning services wanted or offered
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Offensive material
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Pesticides or hazardous materials
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Plants and insects that are restricted or regulated
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Recalled items, banned products or products that do not meet the mandatory product safety standards (for items recalled in Australia and information on product safety bans and mandatory standards, please visit: www.productsafety.gov.au).
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Stocks and other securities including Bitcoins and related mining equipment
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Stolen property
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Tobacco products and related items, including e-cigarettes
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Used cosmetics
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Used undergarments
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Used or rebuilt batteries or batteries containing mercury
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Weapons and related items (including, but not limited to firearms, firearm accessories, parts and magazines, ammunition, paintball guns, gel blaster guns, BB and pellet guns, spearguns, tear gas, tasers, stun guns, switchblade knives, martial arts weapons, archery and/or bow and arrow equipment)
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Ivory, rhino horn or any animal parts or hunting trophies listed in the CITES 1 guidelines
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Votes in elections administered by the Australian Electoral Commission or state-based Electoral Commission
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Census or other survey papers issued by the Australian Bureau of Statistic
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Personal ads, including ads for dating or casual encounters.
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All ads for COVID-19 associated items, including:
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Surgical and respiratory masks
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Hand sanitisers and gels
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Toilet paper
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Disinfectant wipes
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Medical protection disposable gowns and gloves
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All masks for children under the age of two
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COVID-19 Rapid Antigen Tests
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Electric dog collars (Training E-Collar, Shock Collar, Anti Bark Collar)
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The following single use plastics are not allowed in Victoria:
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Plastic drinking straws
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Plastic drink stirrers
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Plastic cutlery
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Plastic plates
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Plastic cotton buds
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Expanded polystyrene
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For more information visit https://www.vic.gov.au/plastics
It is the responsibility of the advertiser before posting an ad on MarketFair TPS that content advertised adheres to MarketFair TPS Posting Policies as well as applicable laws. As a condition of your use of MarketFair TPS specified under our Terms of Use, you agree that you will not violate any laws.
Rental/Real estate – Trading Tips
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Always meet face to face - take someone with you to view the property
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Whether you’re the person that advertised or replying to an ad always ask for ID
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Never send or wire money (especially Western Union, Moneygram or services like Bidpay) to someone you don’t know or trust
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Always inspect the property before agreeing to a sale
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Use common sense. If something sounds too good to be true - it probably is
Please note: People willing to rent a property without seeing it/ or the prospective tenant first, even if they claim that it is because they are currently overseas, are unlikely to be legitimate.
MarketFair TPS is a local classifieds website and ads aren’t reviewed before they go live on the site. MarketFair TPS doesn't offer any sort of buyer protection / payment programs. Any emails you receive that talk about such systems are scams, even if they may have the MarketFair TPS logo. If you receive any emails promoting these services, please report it to us.
Rental/Share Accommodation Posting Policies
Share accommodation
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Only advertise in this section if you wish to let a room within a property.
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Only advertise one share room per ad.
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If ads are indiscriminately posted in multiple, irrelevant categories, they will be removed and your access might be restricted.
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Please do not include links to other accommodation websites. Real estate agencies are allowed to include business URL's within the body of the ad.
Flats/ Houses to Rent
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These sections of MarketFair TPS are for advertising entire flats or houses to rent. Rooms offered within a flat or house should be in 'Flat/House Share'.
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Please ensure that each ad ONLY advertises one property. If more than one property is included in an ad it will be removed and your access might be restricted.
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Please do not include links to other accommodation websites in ads. Real estate agencies are allowed to include business URL's for their agency.
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We may remove ads that breach our Posting Rules and/or our Terms of Use.
* Rental and property agencies may advertise in both categories. They must select the 'Agency' option when creating their ad. These two categories should not be used as a platform to promote your business. Every ad must be for a specific property only.
Ensure your advertisement isn't breaching any applicable government laws/legistlation. It is your responsibility to ensure that, before posting an ad on MarketFair TPS, your advertisement and the property advertised comply with MarketFair TPS Posting Policies as well as the law. As a condition of your use of MarketFair TPS you agree that you will not violate any laws (as set out in our Terms of Use)
What are the Services for Hire policies?
The 'Services for Hire' sections are for businesses and commercial entities to submit postings advertising their services and not individual items/products for sale.
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All massage services ads on MarketFair TPS must:
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have no photos (business logos are fine)
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state professional qualifications (accreditation, certificates, diplomas, work history etc). You must include the level of the qualification, the awarding body/where it was achieved
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must not specify unnecessary details (such as body type, race, age, sexual orientation/preference etc)
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Please note ads that are for "Tantra/Tantric massage" are not allowed on MarketFair TPS
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Please note that massage ads offering adult/sexual services are not permitted
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We don't allow duplicate ads (multiple ads advertising the same company's services). Duplicate ads are extremely frustrating to our users, as they bring no value to the categories in which they appear. Please post no more than one ad advertising your services. The repeated posting of multiple, duplicate ads may lead to a complete deletion of ALL of your ads and restriction of your use of MarketFair TPS.
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Ads offering financial services must use a valid business email address and contain a valid business landline number.
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Since MarketFair TPS is intended to be a local classifieds site, we do not allow ads for online stores or online services.
Ensure your advertisement isn't breaching any applicable government laws/legislations. It is the responsibility of the advertiser before posting an ad on MarketFair TPS that content advertised adheres to MarketFair TPS Posting Policies as well as applicable laws. As a condition of your use of MarketFair TPS specified under our Terms of Use, you agree that you will not violate any laws.
Marketfair TPS Swapping PRIVACY POLICY
1. SUMMARY
We respect your privacy and are committed to safeguarding your Personal Information. When you install, register and use the Site we collect Personal Information from you including your Identifying Information, photos that you upload, conversations that you have with us and other Users, other information that you share to the site technical information and information from Approved Third Parties and Digital Platforms. With your consent, which you provide by accepting this Privacy Policy, we may: (i) share certain Personal Information with Approved Third Parties and Digital Platforms; and we, and Approved Third Parties, may send electronic communications to you from time to time.
Please read this Privacy Policy in order to understand more fully how and why we collect, use, store and handle your Personal Information when you use the Site, what information we collect and the choices available to you in relation to your Personal Information.
Please let us know if you would like a physical copy of this Privacy Policy and we will provide one to you.
2. DEFINITIONS
“Site” means the mobile application called “Marketfair TPS Swap”, including all pages, sub pages, blogs, forums, and all other connected internet content whatsoever and includes any updated or subsequent versions.
“Approved Third Parties” are third parties with whom we have an arrangement for the purpose of engaging in or facilitating Direct Marketing.
“Australian Privacy Principles” means The Australian Privacy Principles set out under the Privacy Act 1988 (Cth) and other applicable Australian law.
“Digital Platform” is a third party digital platform which allows you to access the Site using your login details for that digital platform.
“Digital Platform Login” means your login details for accessing a Digital Platform.
“Direct Marketing” means the use or disclosure of Personal Information to communicate directly with an individual to promote goods or services.
“Identifying Information” means information provided by you when you register to use the Site, including your name, email address, user name and password.
“Main Purposes” means (a) providing full access to the Site; (b) providing you with information and updates about the Site; (c) sending electronic communications to you including Direct Marketing; and (d) allowing you to receive Third Party Communications including Direct Marketing.
“Materials” means any content, materials, information or documentation that we may provide to you in connection with the Site including documentation, data, information developed by us or owned by us, and other materials which may assist in your use of the Site.
“Parties” means both you and us collectively.
“Personal Information” means information that is personal in nature that either discloses your identity or provides enough information for someone to reasonably work out your identity, including information such as names, date of birth, telephone number, email address, address, location, gender, age, relationship status, details about use of the Site and payment details and includes Identifying Information.
“Third Party Communications” means electronic communications from Approved Third Parties.
“Third Party Goods” means any goods advertised, sold or provided via Third Party Links.
“Third Party Links” means links or references to websites, applications or content other than the Site, or to materials other than the Materials, none of which are controlled by us.
“Third Party Services” means any services advertised, sold or provided via Third Party Links.
“us”, “we”, “our” refers to Marketfair TPS Swap.
“User” means any person (including body corporate) who has registered with the Site or has accessed the Site via a Digital Platform.
“you” or “your” refers to the user of the Site.
“Your Content” means any content, writing, images, audiovisual content or other information published on the Site by you or which you otherwise share with us.
3. WHAT PERSONAL INFORMATION DO WE COLLECT, HOW DO WE COLLECT IT AND WHY?
We collect and hold Personal Information for the Main Purposes.
We will only collect such Personal Information which is reasonably necessary for the Main Purposes or another legitimate purpose specified below.
We will only collect such Personal Information which is reasonably necessary for the Main Purposes or another legitimate purpose specified below.
To enable us to provide you with access to certain features of the Site, it may be necessary for you to make payments through a third party service provider. If a third party provider is used to collect or facilitate a payment, we will not receive or have control over any Personal Information that you provide to the third party service provider.
From time to time, we may collect Personal Information from third party sources (including Approved Third Parties and Digital Platforms). We only obtain Personal Information from third party sources where it is clearly evident that the person who provided the Personal Information consented to that Personal Information being provided to and used by us or third parties in general. In such a case, we will only use the Personal Information for the purpose for which the consent was given.
If we receive Personal Information other than directly from the person which it is about or from a third party that has the consent of that person to deal with that Personal Information, then we will destroy that Personal Information as soon as practicable and if lawful and reasonable to do so.
What information do we collect?
Your name, email address, username and password (your username will be public), Your profile picture, Your Content, Your use of the site, Technical Data (including device operating system), Information exchange with Digital Platforms, Information exchange with Approved Third Parties, Communications
Your name, email address, username and password (your username will be public), Your profile picture, Your Content, Your use of the site, Technical Data (including device operating system), Information exchange with Digital Platforms, Information exchange with Approved Third Parties, Communications
We ask you to provide this information when you register to use the site. We may collect this information from Digital Platforms. We will ask you to upload a picture to the App when you register to use the Site. Whenever you post Your Content on the Site. While you use the site. Whenever you install or use the site. If you choose to login to the site using a third party Digital Platform Login, the applicable Digital Platform may send your login details to the site so that you can login. We may provide the Digital Platform with information about your use of the site and Personal Information that you have provided to us including Identifying Information (but not your password). They may share Personal Information that they hold about you with us too. If you have consented to receiving electronic communications from Approved Third Parties, those Approved Third Parties may share with us any information that you provide to them. If you contact us by email or in another way, when you post comments or have conversations in public sections of the site.
Why do we collect it?
We collect this information so that: you can register, login and use the site, we can verify your identity, we can respond to any queries or comments that you send to us, we can contact you regarding any alleged breach of our Terms & Conditions and/or this Privacy Policy, we can send other electronic communications to you (including Direct Marketing), we can provide your name and email address to Approved Third Parties who may use that information to conduct Direct Marketing, Having a profile picture helps, other users to put a face to a name and establish trust. However, if you do not wish to provide a photo of yourself the photo can be of anything that complies with our Terms & Conditions, So that you can post items for swapping, have conversations with other Users and with us and so that we can provide you with full access to the site, So that we and approved Third Parties can conduct Direct Marketing and so that we can improve the site, To help us improve the site, This provides you with a choice about how you will access the site, helps us to improve the site and conduct and allow Approved Third Parties to conduct Direct Marketing, The site is free to use. In order to be able to make the site available we rely on our relationships with Approved Third Parties and other advertisers, So that we can have a record of communications between you and us and between you and other users, allowing us to resolve queries and disputes efficiently.
4. DEALING WITH PERSONAL INFORMATION
We will deal with Personal Information for the Main Purposes and any other purpose to which you have consented. We may deal with Personal Information for the purpose of providing you with information and updates about our products, services and the Site, including new and additional products, services and Site functions. We may also use your Personal Information to improve our products, services and Site.
We may provide your Personal Information to, and receive Personal Information from, third parties which assist us to provide you with access to the Site.
We may share your de-identified personal information with third parties for the purpose of market research.
We may share your Personal Information (on a confidential basis) with any party which acquires or is considering acquiring the Site or acquiring or merging with us.
We may share your Personal Information with a third party if we are required to do so under any applicable law.
We may disclose your Personal Information to a third party service provider, for example, a software of data storage provider, payment provider, advertising agencies and other entities which assist us with providing Direct Marketing and our legal and financial advisors.
5. DISCLOSURE OF PERSONAL INFORMATION
Whenever we provide your Personal Information to a third party, we will request that the third party handles your Personal Information in compliance with: (i) the Australian Privacy Principles if the third party is Australian; or (ii) applicable foreign laws comparable to and no less protective than the Australian Privacy Principles if the third party is foreign.
From time to time, we may collect Personal Information from you for the purpose of providing it to third parties for Direct Marketing or other purposes. We only provide Personal Information to third parties where it is clearly evident that you provided your Personal Information together with consent for that Personal Information to be provided to and used by such third parties, and you have not withdrawn your consent.
We may provide you with links to third party websites and mobile applications. This Privacy Policy only applies to information that we collect from you, or that we receive from third parties with your consent. Please review the privacy policy of any third party to whom you provide personal information. We are not responsible for the privacy policies and practices of third parties.
6. ELECTRONIC COMMUNICATIONS
By registering as a User, you consent to receiving
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push notifications from the site;
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electronic communications from us; and
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Third Party Communications.
If you do not wish to receive push notifications you can opt out by changing your Account Settings within the Site.
If you do not wish to receive electronic communications from us you can opt out by clicking the “unsubscribe” link in the footer of the communication or by contacting us and asking us to remove you from our mailing list. There are certain updates which you cannot opt out of receiving, regarding changes to the site, our Terms & Conditions or this Privacy Policy and other information which we consider to be essential.
If you do not wish to receive Third Party Communications you can opt out by clicking the “unsubscribe” link in the footer of the communication or by contacting us and asking us to remove you from our Third Party Communications mailing list.
We may also provide a function in the site to allow you to withdraw your consent to receiving Direct Marketing from us and/or Approved Third Parties.
7. STORAGE OF PERSONAL INFORMATION
We will store your Personal Information for as long as your account remains active and as long thereafter as we are required or permitted by law to do so. We will delete or de-identify Personal Information upon your request, unless we are legally required to maintain it, if there is any active dispute between you and us or between you and another User or if we are required to retain the Personal information to fulfil our legal, financial, tax or other comparable obligations.
8. INTEGRITY OF PERSONAL INFORMATION
We will make all reasonable efforts to ensure that the Personal Information that we collect and deal with is accurate, up-to-date and complete.
We take reasonable steps to protect the Personal Information we hold from theft, misuse, interference, loss, and unauthorised access, modification or disclosure. However, we cannot guarantee the security of Personal Information.
If any Personal Information is stolen, misused, interfered with or lost, or has been accessed, modified or disclosed without authorisation, then we will comply with our legal obligations to report and manage the breach.
9. ACCESSING YOUR PERSONAL INFORMATION
You may request access to your Personal Information by contacting us.
If any of the Personal Information we hold for you is inaccurate, out of date, incomplete, irrelevant, misleading or otherwise incorrect, you may ask us to correct the Personal Information and we will do so as soon as reasonably practicable and within 14 days.
We will notify relevant third parties of any corrections to the Personal Information we hold where it is reasonable to do so.
If you wish to deactivate your account or delete all of your Personal Information please contact us and we will action this request as soon as reasonably practicable and within 14 days.
10. CHANGES
We reserve the right to change this Privacy Policy by publishing the updated Privacy Policy on our Website (which is accessible via the Site) and those changes will take effect immediately when they are published. If we make any significant changes to this Privacy Policy we will notify you by displaying a notice in the Site, sending you a push notification or an electronic communication.
11. COMPLAINTS
If you have a complaint about how we handle privacy, please contact us. We take all complaints seriously and will investigate.
For further information on the Australian Privacy Principles and Australian privacy law, see www.oaic.gov.au. To contact the Office of the Australian Information Commissioner, including to make a complaint about privacy, contact 1300 363 992 or enquiries@oaic.gov.au.
12. MISCELLANEOUS
Applicable law: Your use of the Site is subject to the laws of the States of Australia and each party submits to the non-exclusive jurisdiction of the courts of the States of Australia.
No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under this Privacy Policy without our prior written consent.
Severability: If any paragraph or part thereof of this Privacy Policy is held to be invalid or unenforceable, it is to be read down or severed such that the remaining paragraphs and parts thereof will be enforced to the maximum extent possible. In such circumstances, the remainder of this Privacy Policy shall continue in full force and effect.
No waiver: In the event that we fail to enforce any provision of this Privacy Policy, such failure shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any paragraph or part thereof of this Privacy Policy will not constitute a waiver of rights under any other paragraph or part thereof.
No partnership or agency: Nothing in this Privacy Policy is intended to give rise to a partnership or agency relationship between you and us.
Notices: hello@marketfairtps.com.au (or such updated email address notified by us to you). Email notices will be deemed to have been received upon transmission confirmed by a delivery receipt.
Separate agreements: You may have other legal agreements with us. Those other legal agreements are separate from and in addition to this Privacy Policy. This Privacy Policy does not alter, amend, revise or replace the terms of any other legal agreements you may have with us.
Disputes: If any dispute arises between you and us under this Privacy Policy we will try to resolve it directly between you and us before resorting to legal action and we ask that you do the same.
13. CONTACT US
You can contact us at:
Terms & Conditions Swapping
At MarketFair TPS Swap section is to find you that perfect swap. Swapping saves money, can make you money, saves the environment and unlocks agreed value over cash value. Swapping and has been around for thousands of years. MarketFair TPS Swap now brings these ancient skills into a convenient and modern application. These Terms govern your use of our web application, "MarketFair TPS Swap" (“the Web App” as further defined below). The site is owned and operated by MarketFair TPS. These Terms constitute a binding contract between you and us. If you continue to use the Web App Items, you acknowledge that you have reviewed, understood and agree to be bound by these Terms. If you do not understand the Terms, if you do not agree to be bound by the Terms, or if you need more time to review and consider the Terms, then you must stop using the App Items immediately. We only agree to your use of the App Items if you agree to these Terms.
1. DEFINITIONS
"Web site" means the mobile application called "MarketFair TPS Swap" including all pages, sub-pages, blogs,
forums, and all other connected internet content whatsoever and includes any updated or subsequent versions.
“Web site Items” means the Web site, Our Content and the Materials. “Content” means any content, writing,
images, audiovisual content or other information published on the site.
"Developer IP" is all intellectual property that is owned by us and/or that is licensed to us including,
but not limited to, the contents, layout, design, colours, appearance, graphics, imagery and code for the site
Items and Our Content as well as all copyright, trade marks (registered and unregistered), trade secrets,
patents and other intellectual property contained in the Web site Items and Our Content.
“Digital Platform” is a third party digital platform which allows you to access the Web site using your
login details for that digital platform.
“Digital Platform Login” means your login details for accessing a Digital Platform.
“Goods” means any goods advertised, swapped, sold or posted on the Web site by a User.
"Identifying Information" means information provided by you when registering to use the Web site Items,
including but not limited to your name and email address, a user name and a password.
"Materials" means any content, materials, information or documentation that we may provide to you in
connection with the site including documentation, data, information developed by us or owned by us, and other
materials which may assist in your use of the Web site.
“Our Content” means all Content published on the Web site by us.
"Parties" means both you and us collectively.
“Services” means any services advertised, swapped, sold or posted on the site by a User.
"Terms" means these Terms & Conditions.
“Third Party Goods” means any goods advertised, sold or provided via Third Party Links.
"Third Party Links" means links or references to websites, applications or content other than the site, or
to materials other than the Materials, none of which are controlled by us.
“Third Party Services” means any services advertised, sold or provided via Third Party Links.
"us", "we", "our" refers to MarketFair TPS
“User” means any person (including body corporate) who offers to swap Goods or Services via the Web site.
"you" or "your" refers to the user of the Web site.
“Your Content” means all Content published on the Web site by you or which you otherwise share with us.
2. INTERPRETATION
In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
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words referring to one gender include every other gender;
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words referring to a singular number include the plural, and words referring to a plural include the singular;
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words referring to a person or persons includes companies, firms, corporations, organisations and vice versa; and
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any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
3. YOUR AGREEMENT AND REPRESENTATIONS
By continuing to use the Web site Items you represent and warrant to us that:
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you have legal capacity to enter these Terms; and
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you have complied with all of these Terms.
4. AGE RESTRICTION
In order to use the Web site Items, you must be aged at least 18 years or have the permission of your parents/carers.
5. TERRITORIAL RESTRICTION
In order to use the Web site Items, you must be located in Australia.
In order to use the Web site Items, you must be located in Australia.
You may be asked to register with us in order to use or access the Web site Items.
If you register with us, you will be asked to provide us with Identifying Information. This Identifying Information will allow you to access the Web site Items. We reserve the right to close any account if we are unable to verify your user registration details.
You acknowledge that:
you are responsible for ensuring the accuracy of any Identifying Information that you provide to us as part of
the registration process;
you will not share your login details with any third party and if you discover that your login details have
been compromised, you will notify us immediately in writing; and
you are responsible for maintaining the safety and security of your Identifying Information as well as keeping
us informed of any changes to Your Identifying Information.
You may also access the Web site Items by using a Digital Platform Login. If you access the Web site Items using a Digital Platform Login you authorise us to access and handle any information that we receive from the relevant social media platform in accordance with our Privacy Policy.
You may also access the Web site Items by using a Digital Platform Login. If you access the Web site Items using a Digital Platform Login you authorise us to access and handle any information that we receive from the relevant social media platform in accordance with our Privacy Policy.
Subject to these Terms and your compliance with these Terms, we grant you a licence to use the Web site Items for any legitimate and legal purpose which is not prohibited by these Terms. The licence granted under these Terms is non-exclusive, limited, non-transferable revocable and terminates upon your cessation of use of the Web site Items are free to download and use. However, we may offer in-site purchases or charge in-site fees for access to some features of the Web site and reserve the right to do so and to change our fees at any time by giving you at least 14 days’ notice. By downloading, installing or using the Web App Items you may incur third party charges from your mobile, internet or other provider.
8. ACCEPTABLE USE
You agree that:
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all information that you upload or provide to the Web site will be accurate, complete and honest and you will update all such information as necessary so that it remains at all times accurate, complete and honest;
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you will not use the Web site Items for any unlawful purpose or any purpose prohibited under these Terms;
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you will not use the Web site Items in any way that could damage the site Items or our general business;
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you hold full, clear and unencumbered title to any Goods which you make available on the Web site for swapping and have such Goods in your possession at all times while they are posted on the Web site
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all Goods that you advertise for swapping are of acceptable quality and fit for the purpose for which they are intended (including any advertised purpose);
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you will not make any false or misleading statements in relation to Goods or Services;
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you will deliver Goods as you have advertised them, for example in the same condition and number;
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you will comply with The Australian Consumer Law (to the extent that it applies to any transaction between you and another User);
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if you agree to pay a monetary component for a swap of any Goods or Services, you will promptly pay the agreed amount of money as instructed by the other User;
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you will meet all of your tax obligations (if any) including any GST obligations in relation to all Goods and Services that you swap;
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if swapping Services which are required by law to be insured, you hold the appropriate insurance and the recipient of your Services is entitled to protection under your insurance policy; and
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if swapping Services which are required by law to be provided by certified persons, you hold the appropriate certification.
You will not make available on the Web site (or to Users with whom you were connected via the Web site) for swapping any of the following Goods or Services: firearms, weapons, fireworks, explosives; drugs (including illicit, prescription and non-prescription drugs), other controlled substances and accessories intended for use in connection with drugs or other controlled substances, hazardous materials or substances; alcohol and tobacco products; electronic gift cards; animals, human or animal remains or parts; raffle tickets, lottery tickets or any other item that confers on the holder an opportunity to win a prize, gaming machines; tickets for more than face value; food products which have perished or are past their best before or use by date; identification cards and documents including passports; personal information; keys, key cutting or lock picking devices; burglary tools or accessories; stolen, pirated or counterfeit goods; pornography; stocks or other securities; used underwear, swimwear or other under garments; used cosmetics; sexual services; surrogacy or adoption services; goods or services which facilitate illegal activity; goods which are unsafe or do not meet mandatory safety standards; goods which do not comply with all applicable product safety laws; any other goods or services which are contrary to law.
You further agree not to use the Web site Items:
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to harass, abuse or threaten any other person or to otherwise violate any other person's legal rights;
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to violate any intellectual property rights of us or of any third party;
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to upload or otherwise disseminate any computer viruses or other software that may damage the property of us or any of our users;
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to commit any kind of fraud;
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to engage in or create any unlawful gambling, sweepstakes or pyramid schemes;
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to publish or distribute any obscene or defamatory material;
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to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community; and
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to gather information about others unlawfully or use information obtained about others for any purpose other than in connection with the swapping of Goods and/or Services.
You may withdraw any Goods or Services posted on the Web site at any time prior to agreeing to a swap with another User. You have no obligation to accept an offer to swap but once accepted you will honour your agreement with the other User. As soon as reasonably practicable after completing a swap you will remove the applicable post.
If you become aware of any unacceptable use of the Web App Items please report it to us at hello@marketfairtps.com.au hello@marketfairtps.com.au
9. EXCLUSION OF LIABILITY
For the purpose of this clause, “us”, we” and “our” includes all of MarketFair TPS officers, directors,
employees, affiliates, agents and other authorised representatives.
The Web Site Items are provided on an “as is” basis and may change at any time without prior notice.
You accept and acknowledge that the Web Site Items may contain mistakes, errors and inaccuracies.
We do not sell or swap Goods or Services with you. Your use of the Web Site Items is entirely at your risk. We
take no responsibility for the actions or omissions of Users. It is your responsibility to make sure that the
Web Site Items and any Goods or Services available through the Web Site suits your particular purpose.
We have no liability for any breach of these Terms by any User.
We have no liability for monitoring Content which is posted or uploaded to the Web Site.
To the maximum extent permitted by law, we hereby expressly exclude all warranties, guarantees, representations
or terms (whether express or implied) except for those expressly set out in these Terms.
We provide no guarantees or warranties regarding the accuracy, completeness, performance, reliability,
timeliness, quality, safety, legality or suitability for a particular purpose of the Web Site Items.
To the maximum extent permitted by law, we hereby expressly exclude any liability in relation to the accuracy,
completeness, performance, reliability, timeliness, quality, safety, legality or suitability for a particular
purpose of the Web Site Items.
To the maximum extent permitted by law, we hereby expressly exclude any liability in relation to loss of data,
interruption to your business or any damages which are incidental to or arise from such loss of data or
interruption to business.
To the maximum extent permitted by law, we will not be liable for any damage, loss, cost or expense including
legal costs and expenses, whether direct or indirect, incurred by you in connection with your use of the Web
Site Items.
For Goods and/or Services:
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You acknowledge and agree that we have no control over Goods and/or Services and that you acquire Goods and/or Services at your own risk.
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You acknowledge and agree that we assume no liability and provide no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, condition, merchantability, safety, legality or suitability for a particular purpose of Goods and/or Services.
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For any claim you may have against the third party provider of the Goods and/or Services (such as the relevant User or the manufacturer) you agree to pursue that claim directly with that third party provider of the Goods and/or Services and not with us.
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We take no responsibility for, and have no obligation to replace, Goods that are lost or damaged during delivery.
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To the maximum extent permitted by law, you hereby release us from any claim related to Goods and/or Services including any and all warranty, consumer guarantees and product liability claims.
10. INDEMNITY
You hereby indemnify us (which, for the sake of clarity, also includes any of our officers, directors, employees, affiliates, agents and other authorised representatives) and you agree to defend us and to hold us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to your use or misuse of the Web Site Items or your breach of these Terms. You agree that we may select our own legal representation and may participate in our own legal proceedings if, and to the extent that, we choose and in such case the indemnity set out herein shall continue to apply.
11. DELIVERY/RETURNS/REFUNDS/REPAIRS
It is the responsibility of the relevant Users to mutually agree which of them will arrange delivery of any
Goods which are to be swapped and who will pay for such delivery.
You acknowledge and accept that there are inherent risks with downloading any digital Goods. Please
contact us using the details at the end of these Terms if you experience technical problems regarding delivery
of digital Goods. While we accept no responsibility for any delivery failure, if the delivery failure of
digital Goods is as a direct result of a technical problem with the Web Site we will use reasonable efforts to
assist you with obtaining successful delivery of the digital Goods.
Any disputes regarding Goods which are lost or damaged during delivery should be taken up directly with
the relevant delivery company and/or the relevant User, as applicable.
We accept no responsibility for procuring returns, refunds or repairs. Please contact the relevant User.
The cost of returning Goods which are defective or otherwise are not delivered as agreed will be at the
expense of the User who provided the defective or otherwise deficient Goods unless the relevant Users have
agreed otherwise.
12. VARIATION OF TERMS
You hereby acknowledge and agree that we may vary or amend these Terms from time to time. If you continue to
use the Web Site following any such variation or amendment you will be deemed to have confirmed and agreed to
the new Terms as varied or amended.
You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these
Terms in order to monitor any variations or amendments. You further agree to clear your cache when doing so in
order to avoid accessing a previous version of these Terms.
In the event that you fail to monitor any variations or amendments of these Terms, you agree that such
failure shall be considered an affirmative waiver of your right to review the varied or amended Terms.
13. THIRD PARTY LINKS
We may from time to time include Third Party Links in the Site Items.
You hereby acknowledge that these Third Party Links are provided for your information only and that we do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of Third Party Links, Third Party Goods or Third Party Services. You use the Third Party Links at your own risk.
14. AFFILIATE MARKETING AND ADVERTISING
We may engage in affiliate marketing whereby we receive a commission on, or a percentage of, proceeds of sales of Third Party Goods and/or Third Party Services that occur through our Web Site or via Third Party Links. We may accept advertising and sponsorships whereby third parties pay us to advertise on the site or we may receive other forms of advertising compensation.
We accept no liability for any Third Party Links, Third Party Goods or Third Party Services.
15. CHANGES TO WEB SITE
We may, in our sole discretion, vary, alter, amend, change or update the Web site Items at any time.
The Web Site may be unavailable from time to time (whether due to maintenance or for any other reason).
You acknowledge, agree and accept that we take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for, the Web Site Items being temporarily or permanently unavailable, whether due to reasons within our control or not.
16. INTELLECTUAL PROPERTY
You hereby acknowledge and agree that, as between us and you, we own all intellectual property rights in the Web Site Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from us to you.
You hereby acknowledge and agree that you will not use the Developer IP for any unlawful or infringing purpose. If you use any Developer IP for a lawful purpose you will not remove any copyright notices or other IP notices from the Developer IP.
You hereby acknowledge and agree that you will not reproduce or distribute the Developer IP in any way, including electronically or via registration of any new trade marks, business names or Uniform Resource Locators (URLs) without express written permission from us.
You grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free and transferrable right and licence to use Your Content in any way we choose. This licence includes a right and licence to:
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reproduce, copy, alter or make derivate works from Your Content;
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display, communicate to the public, broadcast or transmit Your Content; and
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authorise any other person, company or organisation to use Your Content.
To the extent that you hold any moral rights in connection with Your Content, you hereby consent to us making any material alterations to Your Content and doing or omitting to do any acts which would otherwise infringe your moral rights under the Copyright Act 1968 (Cth) in relation to Your Content.
You represent and warrant to us that you have all necessary rights to grant the licences and to provide the consents set out in this clause.
You agree not to copy or otherwise use any other user’s Content without their express written consent.
17. PRIVACY
Through your use of the Web Site Items, you may provide us with some of your personal information. By using the Web Site Items, you authorise us to use your information in accordance with our Privacy Policy.
Refer to our Privacy Policy for information about what information we collect, how we use it and store it, and your rights in relation to it.
Please be sensible when providing your personal information to other Users.
Our Privacy Policy can be found here.
18. REVERSE ENGINEERING AND SECURITY
You agree not to do or attempt to do any of the following:
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reverse engineer, disassemble or hack any code or software from or on the Site Items;
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violate the security of the Web Site Items through any unauthorised access, circumvention of encryption or other security tools, scraping, data mining or interference with any host, user or network; or
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illicitly collect or transmit information about other Users.
19. SPAM POLICY
You are prohibited from using the Web Site Items for the purpose of gathering email addresses and/or personal information from people, companies or other organisations and/or for sending bulk emails or unsolicited emails.
21. TERMINATION
We may immediately terminate these Terms, as between you and us, at any time, with or without cause.
We specifically reserve the right to terminate these Terms, as between you and us, if you breach these Terms in any way.
These Terms terminate automatically if we cease to operate the Site for any reason.
If you have registered for an account with us, you may terminate these Terms at any time by contacting us and requesting termination.
Upon the termination of these Terms, any provisions which would by their nature be reasonably expected to survive termination shall remain in full force and effect, including but not limited to our exclusions of liability as set out in the Exclusion of Liability clause.
If we terminate or suspend your account you agree not to register a new account on the Site under a different identity or to recommence using the Web Site without our express permission in writing.
22. OTHER ACTION
We reserve the right to take any of the following actions in our sole discretion:
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monitor, review, edit or delete any of Your Content, whether or not you have breached these Terms;
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record any correspondence that occurs in public sections of the Site;
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review any allegations about breaches of these Terms, and determine in our sole discretion whether to take any action in response to those alleged breaches, including removal of any Content in relation to those alleged breaches;
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determine in our sole discretion whether to terminate your or another user's access to the Site Items or any particular part or parts of the Web Site Items; and
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close any account which has not been accessed in at least 12 months.
23. GENERAL PROVISIONS
Australian Consumer Law:You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and, if applicable, these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by us. Our liability to you is governed solely by these Terms and the Australian Consumer Law, to the extent that it applies.
Applicable law: Your use of the Site Items is subject to the laws of each state in Austarlia and each party submits to the non-exclusive jurisdiction of the courts of each state in Austarlia.
No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under these Terms without our prior written consent.
Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.
No waiver: In the event that we fail to enforce any provision of these Terms, such failure shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.
No partnership or agency: Nothing in these Terms is intended to give rise to a partnership or agency relationship between you and us.
Notices:We may serve legal notices on you at the email address that you provide to us upon registration or that we receive from any Digital Platform (or such updated email address notified by you to us or to any Digital Platform). You may serve any legal notices on us at hello@marketfairtps.com.au (or such updated email address notified by us to you) Email notices will be deemed to have been received upon transmission confirmed by a delivery receipt.
Separate agreements: You may have other legal agreements with us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements you may have with us.
Disputes: If any dispute arises between you and us under these terms we will try to resolve it directly between you and us before resorting to legal action and we ask that you do the same.
24. CONTACT US
You can contact us at:
Selling tickets on MarketFair TPS
Please note, we only permit tickets to be sold on MarketFair TPS. 'Wanted' ads for tickets increases the risk of being targeted by fraudulent sellers. Therefore, we do not permit wanted ads for tickets to be posted in any capacity.
Generally, you can resell tickets to entertainment events on MarketFair TPS where it is permitted under law. However, the resale of tickets to events (including sporting contests, music concerts and plays) and airline tickets can often be regulated by the ticket issuer or by state laws.
Your ad must always state the face value of the ticket and include a photo of the ticket showing the face value of the ticket, as well as seat location details. Please ensure that the photo of the ticket does not include the QR or bar code. MarketFair TPS does not support ticket touts or scalpers and ads not detailing the face value of the ticket may be removed. Ads selling tickets to free events are also not allowed.
As a ticket seller, you are responsible for ensuring that your particular transaction does not violate any applicable law or the terms of the ticket itself. Before buying or selling event tickets, users should contact the ticket issuer and ensure the resale is permitted. As a condition of your use of MarketFair TPS specified under our Terms of Use, you agree that you will not violate any applicable laws.
More information about the laws in each state is set out below, but please be advised this is not an exhaustive list of laws and regulations that may apply in your state. It is your responsibility to ensure that your ad complies with all applicable laws and regulations.
TICKETS TO EVENTS IN WESTERN AUSTRALIA
As of 10 September 2021, the Ticket Scalping Act 2021 (WA) makes it an offence to resell a ticket for admission to certain events in Western Australia (including but not limited to sporting and entertainment events, festivals, public performances etc.) for an amount which exceeds the original ticket price by more than 10%.
A ticket that is advertised for resale must also specify:
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the original ticket price; and
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details of the location from which the ticket holder is authorised to view the event (including, for example, any bay number, row number and seat number for the ticket).
We strongly recommend you review all relevant laws and the terms and conditions of any ticket before listing a ticket for resale on MarketFair TPS.
For further information, please visit:
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the following page by the Western Australia Department of Mines, Industry Regulation and Safety; and
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the Ticket Scalping Act 2001 (WA).
TICKETS TO EVENTS IN NEW SOUTH WALES AND SOUTH AUSTRALIA
If you are selling a ticket to a sporting or entertainment event in New South Wales and South Australia that is subject to a resale restriction, it is illegal for you to advertise or sell the ticket for a price that is more than 10% above the original ticket price (i.e. more than 110% of the face value of the ticket). A resale restriction is a term of condition of a ticket that limits or prohibits resale of the ticket (including any term or condition that provides for the ticket to be cancelled or rendered invalid if it is resold). You should contact the ticket issuer if you are unsure whether the ticket you are selling is subject to a resale restriction.
The law also requires that you state the following in your ticket ad:
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original supply cost of the ticket (otherwise known as the face value); and
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specific seating or location details for the ticket (e.g. baya number, row number, and seat number of the ticket).
TICKETS TO DECLARED EVENTS IN SOUTH AUSTRALIA
The South Australian government prohibits scalping of tickets to any event (sporting or concert) declared as a "major event". It is unlawful to on-sell (or offer for sale) to any "major event" at a price which exceeds the original ticket price by more than 10%, unless you have been given written approval to do so by the event organiser.
For more information, see the Major Events Act 2013.TICKETS TO MAJOR EVENTS IN VICTORIA
The Minister for Tourism and Major events declares some events to be "major events" under the Major Events Act 2009 (Vic). Whether an event is classed as a major event depends on factors including the size of the event, demand for tickets, likely media coverage and whether the promoter or event organiser has asked for the event to be declared as a major event.
Most major events have strict conditions around ticket resale. For some major events, ticket re-sale is completely prohibited and anyone who buys an illegal ticket can be denied access to the event. For other major events, it is illegal for you to advertise or sell the ticket for a price that is more than 10% above the original value of the ticket (i.e. more than 110% of the face value of the ticket), which will always be printed on the ticket.
You should check with the event organiser or promoter to see whether an event has been declared as a major event, and check the ticket terms and conditions before selling a ticket to a major event on MarketFair TPS.
TICKETS TO EVENTS IN QUEENSLAND
If you are selling a ticket to an event that is staged at one of the following facilities, it is illegal for you to resell the ticket at a price greater than 10% above the original ticket price of the ticket.
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Brisbane Cricket Ground (also known as the Gabba)
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Brisbane Entertainment Centre (also known as The BEC)
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Cbus Super Stadium
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1300SMILES Stadium
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The Queensland Sport and Athletics Centre (also known as QSAC)
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Sleeman Sports Complex / Centre
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Metricon Stadium
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Suncorp Stadium and
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Queensland Tennis Centre
TICKETS TO FREE EVENTS
MarketFair TPS users are not permitted to sell tickets to events where all tickets are free to the public. This includes charity events and memorial services such as the 2015 ANZAC Day commemorations in Gallipoli.
GENERAL
MarketFair TPS has provided the above information to assist you in trading lawfully.
MarketFair TPS is not in any position to assess a particular ticket's original price and whether it is subject to the above laws and/or to terms and conditions that makes its sale unlawful. You as the seller are responsible for ensuring that your transaction is lawful.
MarketFair TPS does not condone the use of its website by persons breaching the law or contractual conditions imposed by others. You must not list any items until you are confident you can legally sell it on MarketFair TPS.
If you have any questions regarding your rights to sell a ticket, we strongly recommend that you contact the company that issued the ticket and/or consult with a lawyer.
Can I use HTML tags in my Ads?
No, MarketFair TPS does not allow HTML in Ads posted on the site.
How long do Ads stay live on MarketFair TPS?
Ad duration is 30 days for all categories on MarketFair TPS:
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Automotive/Cars, where the ad duration is 30 days
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Business for sale where the ad duration is 30 days
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All other categories the ad duration is 30 days
Your ad appears in the category for the duration specified above unless you delete the ad prior to this time.
How many Ads can I post on MarketFair TPS?
There are no limits on how many ads community users can post on MarketFair TPS, however businesses, or people considered to be posting at a commercial capacity may be asked to post an ad in the Services for Hire section instead.
We also ask that you don't post duplicate ads on the site:
All ads posted must be unique. Unique means that the ads are substantially different from each other. Please do not post the same ad over and over again across categories or locations. Only post the ad where you are physically located.
These restrictions are in place to prevent users from "spamming" the site with duplicate content.
How to turn on JavaScript? / How to check if JavaScript is turned on?
The settings are different depending on the browser. So please check your browser and the version and apply it correctly.
Firefox
1. On a Windows PC, go to Tools> Options
2. On a Macintosh, select from the right-hand top corner menu and click Preferences.
3. Click "Content" tab
4. Tick "Enable Javascript"
5. OK to close the window
6. Refresh the firefox
Safari
1. On a Macintosh, from the Safari menu, select Preferences.
On a Windows PC, from the right-hand side top corner pull-down menu which looks like a gear, select
Preferences.
2. Click Security.
3. In the Security dialog box, select the Enable Plug-Ins, Enable Java, and Enable JavaScript checkboxes.
Make sure the Block pop-up windows checkbox is not selected.
Chrome
1. On a Windows PC, select Customize and control Google Chrome ( to the right of the address bar
2. On a Macintosh, select from the right-hand top corner menu and click Preferences.
3. Select Settings from the drop-down menu
4. Click Show advanced settings…
5. Select Content settings located under Privacy
6. Select Allow all sites to run JavaScript
TPS-MarketFair-Ratings
What happened to my existing star rating?
We’ve recently changed our ratings functionality into a more efficient community feedback system. All previous ratings still apply, but they might be displayed differently. Instead of a star rating, users can now rate their experience with each other using a sad, neutral and happy face
Highly rated users will have a ‘Highly Rated’ badge on their profile. All the ratings received will be listed under the MarketFair TPS Community Feedback on the users public profile page.
What does the Highly Rated badge mean?
The Highly Rated badge on a MarketFair TPS profile means that a user has been rated positively and consistently by other people on MarketFair TPS.
How do I get the Highly Rated badge?
To get the Highly Rated badge other people on MarketFair TPS must have rated you at least 3 times, and 80% of those ratings must be positive.
What's the MarketFair TPS Community Feedback?
The MarketFair TPS Community Feedback are ratings left by users who have interacted with each other on the platform.
MarketFair TPS users can decide to leave positive or negative feedback regarding a particular experience.
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When giving positive feedback users can also add one or more of the following comments: Quick transaction, Polite, Helpful, Quick responder, Friendly, Showed up on time, Fair negotiation, Item as described.
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When giving negative feedback they can add the following comments: Cancelled offer, Unhelpful, Rude, Too much haggling, Didn’t show up, Item not as described, Unresponsive.
Why did you build the MarketFair TPS Community Feedback?
The MarketFair TPS Community Feedback has different purposes:
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It helps to provide transparency to users who are going to interact with each other;
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It helps reward MarketFair TPS users who have been highly rated;
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It helps MarketFair TPS to educate users who have been negatively rated.
Registered user account information
Registered users can include a bit of information about themselves in the Ads they post such as a username, phone number and location. We have also added the option to display a profile photo in your Ads.
What is MarketFair TPS?
Join in Australia’s favourite marketfair place and start trading today at http://thispartystarted/market-fair/.com.au
MarketFair TPS
is a online classified advertisement and community website based at Sydney Australia. Classified ads are free to all community members that wish to Post an Ad within our product category. MartetFair TPS is like a tree, which branches out to all kinds of audiences to your local and distant community. Trees has been described as both Tropical and Evergreen. This put the definition to our platform ‘Buyers and Sellers’, ‘Swapper and Freebies’.With our categories you can buy, sell, swap, freebies and find just about everything.
We are always creating new listings in categories to our platform like Freebies, Swapping, Home & Garden, Baby & Children, Sport & Fitness, Clothing & Jewellery and MarketFair TPS Jobs. We aim to connect and grow every community together in a marketplace where all communities can prosper.
Connect & Trade.
Thanks
MarketFair TPS
Please see our Terms of Use for more information on our working guidelines and policies.
Marketfairtps Types of Membership Pricing Plans.
| Basic Plan | Unlimited Free Regular Ads. Ads Live for 30 Days | 1 Top Ad | 1 Bump Up | $4.99 | |
| Bronze Plan | 1 Top Ad | 1 Featured Ad | 1 Bump Up Ad | Unlimited Free Regular Ads. Ads Live for 30 Days | $9.99 |
| Silver Plan | 2 Top Ad | 2 Featured Ad | 2 Bump Up Ad | Unlimited Free Regular Ads. Ads Live for 30 Days | $19.99 |
| Gold Plan | 3 Top Ad | 3 Featured Ad | 3 Bump Up Ad | Unlimited Free Regular Ads. Ads Live for 30 Days | $29.99 |
*Credit Cards details are needed for all Membership Plans. "Unlimited Free Ads Membership Plan" credit card details will be needed, but credit card will not be charged.
All membership plans will run for 30 Days. After the 30 days your membership will be automatically be
renewed.
If a Membership Plan is cancelled after renewed, the membership Plan will still continue to run upto the end of
the 30 day period.
No Lockin contract for a Membership Plans. Cancel at anytime by sending an email at hello@makertfairtps.com.au
*Pricing for Membership Plans are subjected to change at anytime without notice.>
Marketfairtps offers 3 Types of feature Pricing.
| Top |
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| Featured |
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| Bump Up |
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*'Top Ads' Pricing are subjected to change at anytime without notice.
'*'Featured' Ads Pricing are subjected to change anytime without notice.
'*'Bump Up' Ads Pricing are subjected to change at anytime without notice.
