Terms & Conditions

ISoldIt ("ISoldIt", "we", "us", "our") operates the website isoldit.com.au (the "Platform"), a free online classifieds marketplace that lets people in Australia list items for sale and contact each other to arrange a private sale.

These Terms & Conditions ("Terms") form a legally binding agreement between you and ISoldIt. By creating an account, posting a listing, sending a message or otherwise using the Platform, you agree to these Terms, our Disclaimer and any policies referred to in them. If you do not agree, you must not use the Platform.

We may update these Terms from time to time. The updated version takes effect when published on the Platform. Your continued use of the Platform after a change means you accept the updated Terms. If a change materially affects you, we will take reasonable steps to let you know (for example by email or a notice on the Platform).

ISoldIt is an advertising venue only. We are not a party to any sale, agreement or transaction between buyers and sellers. We do not own, possess, inspect, store, deliver, value or guarantee any item listed on the Platform.

Any contract for the sale of an item is made directly and solely between the buyer and the seller. ISoldIt is not an auctioneer, agent, broker, trustee, escrow agent or payment provider for either party.

We do not verify the identity of users, the accuracy of listings, the ownership, quality, safety or legality of items, or the ability of a seller to sell or a buyer to pay.

ISoldIt does not process, collect, hold, release or refund any payments. All payments are made directly between buyer and seller, in person, at the time of pick-up (for example cash, PayID or bank transfer completed in person).

You acknowledge that ISoldIt has no responsibility or liability for any payment, non-payment, short payment, counterfeit money, chargeback, reversed transfer, deposit or refund between users.

For your safety we strongly recommend that buyers never pay a deposit, pay in advance or pay through a link sent by another user, and that sellers never release an item until payment has cleared or been received in full. Anyone asking for upfront payment, gift cards, cryptocurrency or courier "release fees" should be treated as a likely scammer and reported to us.

You must be at least 18 years old, or have the consent and supervision of a parent or guardian, and be capable of entering into a binding contract under Australian law to use the Platform.

You must provide accurate, current and complete information when registering and keep it up to date. You are responsible for keeping your password confidential and for all activity that occurs under your account. Tell us immediately if you suspect unauthorised use of your account.

You may hold only one personal account. You must not create an account using another person's identity or create a new account after we have suspended or terminated you.

When you post a listing you promise that:

• you own the item or are legally authorised to sell it, and it is free of any undisclosed finance, encumbrance or security interest (for vehicles, you should check the PPSR at ppsr.gov.au);
• the description, photos, condition, price and location are accurate, honest and not misleading or deceptive, including any known faults or defects;
• the item is physically located in Australia and available for pick-up at or near the location shown;
• the item, and your listing, comply with all applicable laws, including the Australian Consumer Law, product safety standards and recall notices;
• you own or have permission to use all photos and text you upload.

Listings are free. You must not use the Platform to advertise services, businesses, job offers, rentals, multi-level marketing or anything other than genuine items for sale, unless we permit it. Duplicate, spam or keyword-stuffed listings are not allowed.

You must mark a listing as sold, or remove it, once the item is no longer available. Features such as the free weekly bump may be changed or withdrawn at any time.

You must not list, offer or arrange the sale of any of the following (this list is not exhaustive):

• firearms, ammunition, gun parts, imitation firearms, prohibited weapons, knives prohibited by law, explosives or fireworks;
• illegal drugs, drug paraphernalia, prescription medicines, steroids, tobacco, vapes or nicotine products, or alcohol;
• stolen goods, counterfeit or replica goods, or items that infringe anyone's intellectual property;
• recalled or unsafe products, including unsafe children's products, car seats or cots that do not meet Australian standards;
• live animals, animal products restricted by law, or wildlife;
• adult or sexually explicit material, or anything that exploits or endangers children;
• personal information, accounts, identity documents, tickets sold above face value where prohibited, gift cards or financial products;
• hazardous materials, chemicals, or anything else whose sale is illegal in the state or territory where the item is located.

We may remove any listing at our discretion and may report illegal activity to the police or other authorities.

Buyers are responsible for inspecting items before paying, asking questions, and satisfying themselves about the item's condition, ownership, safety and suitability. Items are generally sold as-is between private individuals.

Buyers must only arrange to buy items they genuinely intend to purchase, must turn up to agreed pick-ups or let the seller know in advance, and must pay the agreed amount in person at pick-up.

You are solely responsible for your own safety when meeting other users. We recommend meeting in a busy public place during daylight, bringing a friend, telling someone where you are going, and never sharing bank login details or one-time passcodes. See our Safety tips page for more guidance.

ISoldIt is not responsible for any loss, injury, damage or harm arising from meeting, communicating or transacting with another user.

You must not:

• post false, misleading, defamatory, abusive, discriminatory, threatening or offensive content;
• harass, stalk, threaten, spam or scam other users, or use messages to solicit off-platform payments in advance;
• collect other users' personal information or use it for any purpose other than completing a sale;
• post links, malware, or attempt to interfere with, scrape, overload or gain unauthorised access to the Platform;
• manipulate ratings or reviews, rate yourself, or post fake reviews;
• use the Platform for any unlawful purpose or in breach of these Terms.

In-app messaging is provided so users can arrange sales without sharing phone numbers. We may review, store and act on messages where reasonably necessary to investigate reports, prevent fraud, enforce these Terms or comply with law.

Ratings and reviews must be honest and based on a genuine transaction. We may remove ratings or reviews that we reasonably believe breach these Terms.

Users can report listings and other users. Listings that receive multiple reports may be hidden automatically pending review. Reporting does not guarantee any particular outcome.

You keep ownership of the content you post (such as photos, descriptions and reviews). You grant ISoldIt a non-exclusive, royalty-free, worldwide, perpetual licence to host, store, reproduce, display, adapt (for example resizing photos) and share that content for the purpose of operating, promoting and improving the Platform, including after a listing is marked as sold.

You are solely responsible for the content you post and you warrant that it does not infringe anyone's rights or break any law.

By creating an account you agree that we may send you service emails, such as password resets, account notices, new message alerts, saved-search alerts, price drop alerts and bump reminders. You can switch optional alerts off at any time in Dashboard → Settings. We will not send you marketing emails without your consent, in line with the Spam Act 2003 (Cth).

We collect and handle personal information (such as your name, email address, suburb and messages) to operate the Platform. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles where they apply to us.

We do not sell your personal information. Your email address is not shown to other users. Your name, suburb, listings, ratings and reviews may be visible publicly. We use trusted service providers (for example for hosting, image storage and email delivery) who may process data on our behalf. You can ask to access or correct your personal information by emailing us, and you can delete your account at any time in Dashboard → Settings. Full details are in our Privacy Policy at isoldit.com.au/privacy.

We may, at our discretion and without notice, remove or hide any listing or content, restrict features, or suspend or terminate any account if we reasonably believe you have breached these Terms, acted fraudulently or unsafely, received multiple credible reports, or if required by law.

If your account is suspended you may appeal by emailing rmroccisano@icloud.com with the email address on your account and any relevant information. We will review appeals in good faith but our decision is final.

You may stop using the Platform and ask us to close your account at any time.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded ("Non-Excludable Rights").

Because the Platform is provided free of charge, to the extent permitted by law our liability for a failure to comply with a Non-Excludable Right is limited, at our option, to supplying the relevant services again or paying the cost of having them supplied again.

Please note that sales between private individuals are generally not covered by the consumer guarantees that apply to businesses. Where a seller is a business, that seller (and not ISoldIt) is responsible for meeting its own obligations under the Australian Consumer Law.

To the maximum extent permitted by law, and subject to your Non-Excludable Rights:

• the Platform is provided on an "as is" and "as available" basis, without warranties of any kind;
• ISoldIt is not liable for any loss or damage (including indirect, incidental, special or consequential loss, loss of profit, loss of data, personal injury or property damage) arising out of or in connection with your use of the Platform, any listing, any item, any communication, meeting or transaction between users, or any conduct of another user;
• ISoldIt's total aggregate liability to you for all claims connected with the Platform is limited to AUD $100.

You agree to indemnify ISoldIt and its owners, officers and contractors against any claim, loss, liability, cost or expense (including reasonable legal costs) arising from your listings or content, your dealings with other users, your breach of these Terms, or your breach of any law or the rights of any third party, except to the extent caused by our own negligence or wrongdoing.

Any dispute about an item or a transaction is between the buyer and the seller. ISoldIt is not obliged to mediate, investigate or resolve disputes, but may choose to assist or take action under these Terms. Users may contact their state or territory fair trading or consumer affairs office (in Queensland, the Office of Fair Trading) or the police where appropriate.

We may change, suspend or discontinue any part of the Platform (including the states and regions we operate in, and features such as bumps, alerts and waitlists) at any time. We do not guarantee that the Platform will be uninterrupted, error-free or secure, or that content will be preserved.

All intellectual property in the Platform (excluding user content), including the ISoldIt name, logo and design, belongs to us or our licensors. You must not use it without our written permission.

These Terms are governed by the laws of Queensland, Australia. You and ISoldIt submit to the non-exclusive jurisdiction of the courts of Queensland and the courts entitled to hear appeals from them.

If any part of these Terms is invalid or unenforceable, it will be read down or severed to the minimum extent necessary and the rest of the Terms will continue in force. Our failure to enforce any right is not a waiver of that right.

For questions, complaints, privacy requests or account appeals, email rmroccisano@icloud.com.