Thank you for using MrPlates! These Terms constitute a legally binding agreement between you and MrPlates and govern your access to and use of the Services and/or the Platform. You agree to be bound by these Terms.
MrPlates provides an online platform that connects Sellers with Buyers seeking to sell and/or buy number plates (collectively, the “Services”). The Services are accessible through written communication with MrPlates, at and any other websites through which MrPlates makes the Services available (collectively, the “Site”) and any applications for mobile, tablet and other smart devices and application program interfaces which MrPlates makes available (collectively, the “Platform”).
In these Terms and Conditions “you” or “your” means any unregistered user of the Platform or any Member of the Platform, as the context requires. If you are using the Platform, these Terms and Conditions are between you and Big Site Pty Ltd ABN 41 153 456 949 of Level 3, 11 York Street, Sydney NSW 2000 (“MrPlates”, “us” or “we”).
Nothing in these Terms and Conditions obliges MrPlates to make the Services available at any time or by any technological or direct means.
In the event of inconsistency, these Terms and Conditions prevail over any Policies.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM BY WHICH SELLERS MAY CREATE SALES LISTINGS FOR GOODS AND BUYERS MAY LEARN ABOUT AND PURCHASE GOODS FROM SELLERS VIA PAYPAL OR CASH. MrPlates DOES NOT OWN THE GOODS. MrPlates IS NOT A PARTY TO ANY SALE AND/OR PURCHASE OF GOODS BETWEEN MEMBERS AND HAS NO CONTROL AND DOES NOT VERIFY THE SUITABILITY OR RANKING OF THE MEMBER; THE TRUTH OR ACCURACY OF MEMBER CONTENT; SALES LISTINGS; ABILITY OF SELLERS TO SELL GOODS, ABILITY OF BUYERS TO PAY FOR GOODS; OR THAT A SELLER OR BUYER WILL ACTUALLY COMPLETE A TRANSACTION OR RETURN GOODS. THE SERVICES PROVIDED BY MrPlates IN CONNECTION WITH THE PLATFORM ARE LIMITED TO THE ENABLING OF THE SALE AND/OR PURCHASE OF GOODS (EXCLUDING THE COLLECTION AND REMITTANCE OF FEES AND DELIVERY AND RETURN OF GOODS) PURSUANT TO THESE TERMS AND CONDITIONS. MrPlates DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WARNING: COMPLIANCE WITH LAWS, FEES AND CHARGES
MEMBERS ARE WHOLLY RESPONSIBLE FOR ENSURING THAT THEIR USE OF THE PLATFORM AND SALES AND/OR PURCHASE OF GOODS COMPLY WITH APPLICABLE REGULATIONS, LAWS AND THIRD-PARTY AGREEMENTS.
YOU WILL BE WHOLLY RESPONSIBLE FOR ANY ADDITIONAL FEES AND CHARGES INCURRED BY YOU IN CONNECTION WITH THE PLATFORM AND/OR SALE AND/OR PURCHASE OF THE GOODS (WHETHER ARISING DIRECTLY OR INDIRECTLY).
The Platform is intended solely for persons who are 18 or older. Any access to or use of the Platform by anyone under 18 is expressly prohibited. By accessing or using the Platform you represent and warrant that you are 18 or older.
By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions of Service (“Terms”), whether or not you become a Member or user of the Services. These Terms govern your access to and use of the Platform and all Collective Content and constitute a binding legal agreement between you and MrPlates.
If you are entering into these Terms on behalf of any other person and/or entity, you warrant and guarantee that you have the full right and authority to do. If you do not have such authority, all your Site, Services and Platform activity will be considered a breach of these Terms.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform.
By accepting these Terms, the Member is granted a limited, non-exclusive and revocable licence to access the Platform in accordance with these Terms.
You agree to only use the Platform and Materials for their intended legal purposes and shall not use any or all of them to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by MrPlates in its sole and unfettered discretion.
MrPlates may revoke, suspend or terminate the Member’s licence in its absolute discretion for any reason that it sees fit, including for breach of these Terms by the Member or any of its users and where Member’s ratings are not considered acceptable by MrPlates. MrPlates will ordinarily advise the Member of any suspension or revocation however, it is under no obligation to do so.
Your licence to access the Platform and Materials shall be ongoing unless terminated by MrPlates in accordance with these Terms.
The information contained on the Platform is provided in good faith on an "as is" basis. MrPlates does not represent or warrant to the reliability, accuracy or completeness of the information contained on the Platform or in the Collective Content.
You understand and agree that MrPlates is not a party to any agreements entered into between the Seller and the Buyer, nor is MrPlates a broker, agent or insurer. MrPlates has no control over:
MrPlates disclaims all liability in this regard. All sales and/or purchases are made or accepted at the Member’s own risk.
If you choose to create an Account on the Platform, you understand and agree that your relationship with MrPlates is limited to being a Member, and not an employee, agent, joint venture or partner of MrPlates for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of MrPlates. MrPlates does not control, and has no right to control, your sale and/or purchase of Goods, your offline activities associated with your sale and/or purchase of Goods, or any other matters associated with your sale and/or purchase of Goods that you provide and/or receive. As a Member, you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of MrPlates, including by using MrPlates’s Intellectual Property, without the prior written consent of MrPlates.
Despite MrPlates facilitating the matching of Sellers with Buyers and Buyers with Sellers for the sale and/or purchase of Goods, MrPlates does not endorse any Seller, Buyer, Sales Listing and the sale and/or purchase of any Goods whatsoever. MrPlates’s matching of Sellers with Buyers and Buyers with Sellers is based solely on the information provided by the Seller and/or the Buyer in creating an Account or searching the Site. Sellers and Buyers are responsible for ensuring the accuracy, reliability and currency of all information supplied to each other and must immediately notify the other party if any information supplied changes or is inaccurate.
By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties other than MrPlates will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from MrPlates with respect to such actions or omissions. We encourage you to communicate directly with other Members on the Platform regarding any Sales Listing and/or sales of Goods by you and/or purchase of Goods made by you. This limitation shall not apply to any claim by a Seller against MrPlates regarding the remittance of payments received from a Member by MrPlates with respect to a Sales Listing, which instead shall be subject to the limitations described in the section below entitled “Warranty and Limitation of Liability”.
Where MrPlates provides Policies on the Site for the co-operation and facilitation of the sale and/or purchase of Goods, MrPlates makes no representations and/or warranties in respect of those Policies and is in no way liable to enforce or comply with those Policies between Sellers and Buyers directly unless otherwise expressly stated.
You acknowledge and agree that the copyright in the Platform content and the software, design, text and graphics comprised in the Site and Platform, the selection and layout of the Site and Platform, the content and materials on the Site and Platform and all other Intellectual Property in connection with the Platform (together, the “Materials”) are owned by or licenced to us.
You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public, the Materials without our prior written consent.
You must not frame or embed in another website any of the Materials without our prior written consent.
You may store a reproduction of the content on the Site or Platform on your local computer for the sole purpose of viewing the content and Materials; and print hard copies of the content and Materials for the sole purpose of viewing, listing or purchasing Goods, but not for any other use.
The Platform, the Materials and any ancillary materials or documents owned or used by MrPlates in connection with the Services and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the Intellectual Property of MrPlates. You must not use any of the marks or trademarks appearing on the Platform and/or on or within Materials or our name or the names of our related bodies corporate or any of our Intellectual Property without our prior written consent.
MrPlates does not represent or warrant that any information, files or Collective Content obtained from, through or in connection with the Platform is free from viruses or other faults or defects. You are responsible for scanning any information, files or Collective Content for viruses.
You agree that MrPlates has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any virus, fault or defect transmitted from, through or in connection with the Platform or the Collective Content. In any event, if MrPlates is found to be liable this will be limited to the cost of supplying the information, files or Collective Content again.
The Platform may be used to facilitate the sale and/or purchase of Goods between Sellers and Buyers.
When registering on the Platform and creating an Account, you may use the Platform as a Seller or Buyer. To access our Services, you must set up an Account with your name, email and a password. MrPlates encourages you to use a strong password (passwords that use a combination of upper and lower case letters, numbers and symbols).
You may also register with certain third-party social networking sites (i.e. Facebook). You may link your MrPlates account with third-party accounts or allow MrPlates access to our third-party accounts. You represent and warrant that you are entitled to disclose your third-party account login information to MrPlates and/or grant MrPlates access to your third-party account. Your relationship with any third-party service providers associated with your third-party accounts is governed solely by your agreements with such third-party service providers.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Accounts are personal to a Member and can only be accessed by the Member and/or their personnel. You agree to take sole responsibility for any activities or actions under an Account, whether or not you have authorised such activities or actions.
MrPlates reserves the right to accept or reject your request to register for an Account at its sole discretion and MrPlates may request additional information from you before accepting or rejecting your request to register for an Account. Failure to provide such information is likely to result in rejection of your request.
The Member acknowledges and agrees that:
The fee we charge for using our Services is the Sales Listing Fee.
To create a Sales Listing, you may be asked a variety of questions about the Goods. Sales Listings will be made publicly available via the Platform. Buyers will be able to purchase your Goods via the Platform based upon information provided in your Sales Listing.
All fees and charges shown on the Platform and identified in these Terms are in Australian Dollars (AUD) and are inclusive of any applicable GST (unless otherwise indicated).
If the Seller cancels a Sales Listing once paid for by the Seller, the Seller will not be entitled to a refund of the Sales Listing Fee on a change of mind basis.
As a Seller, you may create a Sales Listing for each sale of Goods.
When listing Goods, the Seller acknowledges and agrees that:
MrPlates does not charge commission on any sale. Notwithstanding this, transaction fees apply to payments received through PayPal. You may visit the PayPal website for further information on transaction fees.
MrPlates reserves the right, at any time and without prior notice, to remove or disable access to a Sales Listing for any reason.
While it is not MrPlates’s intent to monitor your online communications between the Seller and the Buyer within the Platform, MrPlates reserves the right to remove any content that we become aware of and determine to be harmful, illegal or in breach of copyright laws or privacy laws. You may not use the Platform or all or part of any Collective Content for any unlawful activity nor for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes or the Policies. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Platform.
You covenant and warrant that:
You must not and agree that you will not:
MrPlates accepts no liability for Member Content.
The Member is responsible for the accuracy, quality and legality of Member Content and the Member’s acquisition of it, and the users that create, access and/or use Member Content.
By registering as a Member, requesting a Sales Listing, contributing, commenting, uploading images or files, inputting data, linking to data or files on third-party sites, or engaging in any other form of communication through the Platform you are creating Member Content and you are granting MrPlates a transferable, sub-licensable, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to:
This licence shall include the right to exploit any proprietary rights in the Member Content, including but not limited to rights under publicity, copyright, trademark or patent laws under any relevant jurisdiction.
MrPlates reserves the right to filter, modify, publish and permanently remove Member Content on the Site, Platform or in connection with the Services in its sole and unfettered discretion
To the extent permitted by law, MrPlates accepts no liability for the accuracy of any information made available using the Platform. Any reliance on the information available through the Platform is at the Member’s own risk. MrPlates shall have no liability for any loss of Member Content.
Member responses are monitored by MrPlates. Ratings are used by MrPlates to monitor the standard of the sale and/or purchase of Goods on the Platform and to advise other Members of your response rating. If a party fails to meet the minimum response rate of 80% and/or fails to maintain an average response time of less than 72 hours, MrPlates may suspend a Sales Listing, restrict an Account or terminate the use of the Platform by that party.
These Terms operate for a term commencing on the date you access the Platform and ending when terminated in accordance with these Terms.
Members may terminate their access to the Platform by ceasing to use the Platform and requesting cancellation of their Account to MrPlates by email to firstname.lastname@example.org provided that any sale and/or purchase of Goods must be completed. Once terminated, an Account cannot be reactivated, except at MrPlates’s absolute discretion.
MrPlates may suspend or terminate these Terms in its sole discretion at any time. Without qualifying the foregoing, MrPlates may immediately suspend, terminate or limit your access to and use of the Platform and (where relevant) your Account and any Collective Content if MrPlates suspects that you have committed a fraudulent act, and/or you have, or you intend to, breach these Terms.
Any termination by MrPlates in circumstances where you are either in material default of your obligations under these Terms or are in default of a non-material obligation which you fail to remedy within five (5) days of being notified of the default by MrPlates, will be of immediate effect.
In the event an agreement arising under or in connection with these Terms is terminated, MrPlates may take such steps as it deems necessary to ensure you cease using or accessing, or having any ability to use or access, the Platform and/ or any Collective Content, including but not limited to revoking your licence and blocking your access.
Members are not entitled to any compensation for any potential purchases and/or any Sales Listings that were cancelled as a result of a suspension, deactivation or termination of your Account.
To the maximum extent permitted by law, MrPlates does not warrant or represent the suitability of the Platform, Services, the Collective Content, the Sales Listing, the sale and/or purchase of Goods the use of the Services or its Members for any purpose.
MrPlates makes no express or implied warranties under these Terms and Conditions in relation to the Services.
To the extent permitted by law, MrPlates is not liable to Members for any direct loss and damages, or for fines, penalties, taxes and any exemplary, aggravated of punitive damages, liquidated damages or indirect and consequential loss and damages arising in any way (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) legal costs and expenses or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Platform, Services, the Collective Content, the Sales Listing, the sale and/or purchase of Goods, the use of the Services or its Members.
To the maximum extent permitted by law, MrPlates’s liability for breach of the Consumer Guarantees, if the Consumer Guarantees apply at law, is limited to any one or more of the following, at the Supplier’s election:
Any liability to you by MrPlates for loss or damage of any kind arising out of these Terms, the Platform, Services, the Collective Content, the Sales Listing, the sale and/or purchase of Goods, the use of the Services or its Members or in connection with the relationship established by any of them is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
In any event, MrPlates’s liability under any warranty and whether in negligence or not, shall not exceed the price of any Sales Listing Fee paid to MrPlates.
YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM, THE SERVICES, THE COLLECTIVE CONTENT, THE SALES LISTING, THE SALE AND/OR PURCHASE OF GOODS AND/OR INTERACTIONS BETWEEN MEMBERS AND INDEMNIFY AND HOLD HARMLESS MrPlates, AND ANY OF ITS ASSIGNS, AGENTS OR EMPLOYEES AGAINST ANY CLAIMS, LAWSUITS, DAMAGES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO SOLICITOR’S FEES ON AN INDEMNITY BASIS).
If you have a dispute in relation to the Services provided by MrPlates, please contact us at email@example.com and in the first instance, attempt to resolve the dispute with us.
MrPlates does not own the Goods and is not a party to any sale and/or purchase of Goods between Members. Members must resolve any disputes between themselves.
If you use PayPal to pay for Goods or receive any money for the sale of Goods, you may be eligible for PayPal’s Buyer or Seller Protection.
If you use cash to pay for Goods or receive any money in cash for a sales transaction, you will not be covered for PayPal’s Buyer or Seller Protection.
PayPal’s investigation of any dispute is governed by the PayPal’s terms of service to which you would have agreed when setting up your PayPal account.
MrPlates makes no representations and/or warranties that PayPal will resolve the dispute to the Member’s satisfaction.
PayPal is only one option of recourse and nothing in these Terms inhibit a Member’s rights at law.
The Seller’s Goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund by the Seller for a major failure and for compensation for any other reasonably foreseeable loss or damage. You may also entitled to have the Goods repaired or replaced by the Seller if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
If the Goods are second-hand, age, price and condition may be considered.
The Platform may contain links to third-party websites or resources. You acknowledge and agree that MrPlates is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MrPlates of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Collective Content, products or services on or available from such websites or resources.
MrPlates reserves the right, in its sole discretion, to amend these Terms and/or the Platform at any time. Any such amendments will be effective as soon and from the commencement of the following calendar month. By continuing to access or use the Platform after these Terms have been modified, you agree to be bound by the amendments to these Terms.
If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms or is contrary to public policy.
You may not assign or transfer these terms and conditions without MrPlates’s prior written consent.
A failure of MrPlates to enforce any right or provision of these terms and conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will only be effective if in writing and signed by a duly authorised representative of MrPlates.
These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
These Terms are subject to any additional terms expressed as ‘policies’ or advertised on the Platform by MrPlates.
Any terms stated in your sale of the Goods and/or purchase of the Goods will form part of your agreement with another Member.
In these Terms:
“Account” means the Member account used by the Member to sign up to the Site and receive the Services.
“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition Consumer Act 2010 (Cth).
“Buyer” means a Member who requests and/or accepts to purchase Goods from a Seller.
“Collective Content” means the Materials and the Member Content.
“Consumer Guarantee” means a consumer guarantee as it applies to supplies made under this agreement, as set out in under Part 3-2, Division 1 of the Australian Consumer Law.
“Goods” means the Goods of the Seller, to be sold by the Seller and/or purchased by the Buyer.
“GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Intellectual Property” means any and all items in which Intellectual Property Rights subsist, existing now or in the future and whether or not registered or registrable in connection with the Materials and/or the Member Content as the context requires.
“Intellectual Property Rights” means all current and future registered and unregistered rights and all renewals and extension of those rights in respect of copyright, marks, trade secrets, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation 1967.
“Materials” means copyright in the Platform content and the software, design, text and graphics comprised in the Site and Platform, the selection and layout of the Site and Platform, the content and materials on the Site and Platform and all other Intellectual Property in connection with the Site and Platform.
“Member” means an unregistered user of the Platform and a person or entity that signs-up to the Platform and has an Account, including but not limited to, Sellers and Buyers.
“Member Content” means all content that a Member posts, uploads, publishes, submits, transmits, or includes in their Account, Sales Listing, or otherwise.
“Platform” means the Site, or and any applications for mobile, tablet and other smart devices and application program interfaces which MrPlates makes available for the provision of the Services.
“Policy or Policies” means the policy or policies displayed on the Site and updated from time to time.
“Sales Listing” means a sales listing of the Seller’s which is an offer to sell Goods to Members.
“Sales Listing Fee” means the sales listing fee to be paid by the Seller to MrPlates for the Sales Listing and/or use of the Services.
“Seller” means a Member who offers and/or accepts to sell Goods to a Seller.
“Services” means the online platform for the provision of services provided by MrPlates that connects Sellers with Buyers seeking to sell and/or buy number plates
“Site” means http://www.mrplates.com.au/ and any other websites through which MrPlates makes the Services available.
“Tax” or “Taxes” means any sales tax, GST, customs and duties taxes, fees, that a party may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“Terms” means these terms and conditions of service.