Welcome to guestpostcart.com, an online marketplace that allows third-party sellers to list an asset for sale; and to connect, communicate, and transact with buyers.
guestpostcart.com Pty Ltd (ACN 135 570 713) and its affiliates (guestpostcart) provide website features and other products and services to you when you visit guestpostcart.com (the Website) and use guestpostcart products or services (collectively guestpostcart Services). guestpostcart Services include the information, content, materials, products, and software included on or otherwise made available to you by guestpostcart and references to the guestpostcart Services in these Terms include any or all of these. guestpostcart provides the guestpostcart Services to you subject to these Terms and accessing the Website and using the guestpostcart Services, you agree to be bound by them. Please read them carefully before using guestpostcart Services.
When you use the guestpostcart Services or send e-mails, text messages, or other communication from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or communication via our discussion forum. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
All content included in or made available by guestpostcart, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads and data compilations is the property of guestpostcart and is protected by Australian and international copyright and authors’ rights laws and (where applicable) database right laws.
Other than to the extent necessary to use the guestpostcart Services for their permitted purposes and in accordance with these Terms, you may not copy, extract and/or re-utilize any content of guestpostcart without our express written consent, including, without limitation, any listings, descriptions, prices and account information. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the guestpostcart Services or their content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of the guestpostcart Services or their content without our express written consent.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the guestpostcart Services are trademarks of guestpostcart. guestpostcart’s trademarks may not be used in connection with any product or service that is not guestpostcart’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits guestpostcart. All other trademarks not owned by guestpostcart that appear in the guestpostcart Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by guestpostcart. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of guestpostcart without our express written consent. You may not use any meta tags or any other “hidden text” utilizing guestpostcart’s names or trademarks without our express written consent.
By registering and creating an account with guestpostcart, you represent and warrant that you over 18 years of age and you can form legally binding agreements under applicable law. If you are registering an account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity. Unless authorized by guestpostcart in writing, you may have only one account, unless authorized by guestpostcart in writing.
You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of these Terms, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you. guestpostcart is not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorized manner. You must ensure that the details you provide to us are correct and complete and inform us of any changes. You can access and update certain information you have provided to us via your account dashboard.
If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws or these Terms, we reserve the right to take action on your account in accordance with these Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account, or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the guestpostcart Services, the circumstances, and our assessment of relevant factors.
guestpostcart allows third-party sellers to list and sell their assets using the guestpostcart Services. guestpostcart does not own, create, sell, resell, provide, control, offer or deliver listings or the assets contained therein. The relevant seller is indicated on the respective listing page. While guestpostcart helps facilitate transactions that are carried out on the Website, guestpostcart is neither the buyer nor the seller on the seller’s assets.
guestpostcart provides an avenue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of the sale for these third-party assets is solely between the buyer and seller. guestpostcart is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor it is the seller’s agent. The seller is responsible for the sale of their assets and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
guestpostcart is not responsible for:
(a) the existence, quality, suitability of legality of a listed asset; (b) the truth, accuracy or completeness of the information contained in a listing; (c) the future performance of a listed asset; (d) the performance or conduct of a buyer or seller or third-party on the Website; and/or (e) the quality, suitability or ability of a third party which provides goods or services to guestpostcart or to a buyer or seller.
Your decision to purchase a listed asset shall be based solely on your own investigation and that of your legal, tax and other advisors. You accept sole responsibility for examining and investigating an asset and all information in a listing. This includes, but is not limited to, associated liabilities, financial statements, tax returns and any other facts or information which may impact your decision to purchase that listed asset and the price you are willing to pay. You understand that guestpostcart may display only a summary description of a listed asset.
To help facilitate a safe, secure transaction and to preserve the integrity of the guestpostcart Services, we make available a template letter of intent and sale contract for use by buyers and sellers. You acknowledge that you use these documents at your own risk. You agree that guestpostcart has not in any way provided legal or financial advice by providing these documents or made representations or warranties that they are suitable for your requirements or needs and may not be appropriate or suitable to the sale or purchase of a particular asset. guestpostcart recommends all parties seek their own independent legal advice in relation to the documents.
The following assets may be listed for sale on guestpostcart:
(a) all detail and reference to files contained in a website or an application, including but not limited to, the HTML, the code base, other source code, logos, images, music, animation, films and other media, licenses and other works associated with the website or the application; (b) any rights and obligations under or in relation to an agreement with a third party relating to assets which may include, but is not limited to hosting agreements, payment provider agreements, affiliate agreements and seller agreements; (c) a brand name relating to a business, including any registered trademarks specified in the listing; (d) any records; (e) all rights to a domain name; (f) any other documented asset including inventory or other agreement critical to the sale and ongoing concern of a business, including legal agreements, employment agreement, leasing agreements and other agreements; and (g) any other particulars specified as being sold as part of a listing.
For the avoidance of doubt, guestpostcart does not promote, encourage or facilitate the sale of securities using guestpostcart Services.
When you create a listing, you will be asked to provide complete and accurate information about your asset, including, but not limited to a business description and current and historical financial data. You are responsible for your listing and keeping your listing information up to date at all times. You will also be asked to set an asking price for your asset/s, either a set price in the case of a fixed-price listing or a starting price, reserve price, and optional buy it now price, in the case of an auction-format listing. Please be aware that guestpostcart may, in its sole discretion, prevent you from listing your asset for sale, or suspend an existing listing, if it considers that a price set is unreasonable or not aligned with market value.
You warrant and represent to guestpostcart and to each buyer that:
(a) you own the asset or are entitled to sell the asset; (b) you are the owner of all intellectual property rights, including but not limited to copyright, patent, trademark, designs whether registered or not and throughout the world and all other rights, title and interest in the asset, (c) the asset is transferable to a buyer; and (d) any and all agreements with third parties are transferable to the Buyer.
You must not create a listing for an asset which is:(a) is obscene, vulgar and/or deemed by guestpostcart to be offensive; (b) contains material which infringes the rights of a third party or which assists others to infringe the rights of a third party; (c) is engaged in activities which contravenes law of any territory; or (d) guestpostcart deems inappropriate or in breach of these Terms.
guestpostcart enables two kinds of listings — auction-format listings and fixed-price listings.
With a fixed price-listing, any buyer can offer to purchase the asset contained in a listing. An offer must be placed on the listing. A seller can accept, reject or counter any offer. If you are a buyer and have placed an offer, you acknowledge and agree that should the seller accept that offer, you are committing to purchase the asset and may be required to pay for it. If you are a seller and have accepted an offer, you acknowledge and agree that you are committing to sell the listed asset to the buyer.
With an auction-format listing, a seller will accept bids from buyers for a predetermined amount of time — generally 30 days. For a bid to be valid, it must be higher than the starting price or then-current bid. At the end of the auction, the asset subject of the listing will be declared sold to the highest bidder, provided their bid exceeds the reserve price set by the seller. Should you win the auction, you agree that you are committing to purchase the listed asset and may be required to pay for it.
For the avoidance of doubt, guestpostcart is not an auctioneer and a seller conducts an auction on their own behalf.
A listing may also show a ‘buy it now’ button with a price listed next to it. A buyer may purchase a listed asset simply by clicking the ‘buy it now’ button, provided it is accepted by the seller. By clicking ‘buy it now,’ a buyer commits to buying the listed asset.
If a listed asset has a set asking price, in the case of a fixed-priced listed, or a reserve price, in the case of an auction-format listing, equal to or above USD$25,000, you agree that you will promote and/or sell that asset exclusively using the guestpostcart Services. For the period in which your listing is live on the Website and for 90 days from the date you remove your listing, you warrant that you will not use any other platform, marketplace or service, including a broker service, to promote or sell your asset, without the express written permission of guestpostcart.
If guestpostcart discovers that you have been in violation of this clause 10, you acknowledge and agree that Filipa has the right to immediately suspend your listing and terminate your account and may, at its discretion, take action against you to recover a success fee.
You must conduct all inquiries into and discussions about a listed asset, through the Website unless expressly authorized by guestpostcart.You must not circumvent guestpostcart. If you make or accept payment for a listed asset, guestpostcart is entitled to a success fee. If guestpostcart is unable to recover its success fee from the seller, the buyer is liable to pay the success fee.
You will be charged a listing fee when you list an asset for sale. For current fees, please see guestpostcart Pricing. You will only be charged a fee for creating a listing; there is no fee for editing a listing. You will be charged a fee whether or not the listed asset sells. Listing fees are non-refundable.
Listings do not expire. You may cancel your listing or account at any time by emailing firstname.lastname@example.org and then following the specific instructions indicated to you in guestpostcart’s response.
If you successfully sell a listed asset to a buyer who becomes aware of your listing and/or connects or engages with you via Website, you agree to pay guestpostcart a success fee which is calculated as a percentage of the total transaction value or final sale price paid by the buyer for your listed asset (including any applicable taxes).
If guestpostcart issues you a refund, that refund will be paid to you using the same payment method you used to pay guestpostcart. guestpostcart may refund an amount of paid by you if you are entitled to a refund in accordance with these Terms or guestpostcart is required by law or considers that it is required by law to do so. guestpostcart’s determination as to whether a refund is required is final and conclusive and may not be challenged by you.
You may earn points or credits for your activity on the Website. These credits are not equivalent to any currency. They may, however, be used to pay for guestpostcart Services in accordance with rules specified by guestpostcart from time to time. You cannot use credits to purchase a listed asset. The balance of any credits held by you may be reduced at any time by guestpostcart for any amount owing by you to guestpostcart on any account whatsoever including in relation to compensating guestpostcart for any loss that it determines (in its sole and absolute discretion) it has suffered as a result of any breach of these Terms. The balance of credits held by you will expire 12 months from the date that you last used any credits. Balances of your credits that are not spent within this 12-month period are lost. You acknowledge and agree that guestpostcart is not liable to you for any unauthorized withdrawals or unauthorized spending of your credits, including where such withdrawal or spend arises from any unauthorized use or access of your account.
guestpostcart is not an escrow service and does not hold property on behalf of any person. guestpostcart is not a payment provider. For the purposes of facilitating a transaction, any and all payment processing services through or in connection with your use of the guestpostcart Services are provided to you by one or more independent third-party service provider, as appropriate. You hereby consent and authorize guestpostcart to share any information and payment instructions you provide with any third-party service provider(s).
You are solely responsible for setting a price for your listed asset. To help you determine an appropriate price, guestpostcart makes a valuation calculator. You acknowledge and agree that any valuation produced by the guestpostcart Valuation Calculator is an estimate only and must not be construed as or relied upon as a professional valuation. The valuation is generated by a mathematical model in reliance on available data, without an in-depth analysis of the asset and without having regard to market conditions or features which may affect the value and saleability of the asset.