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Terms and Conditions

User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH SUPERBOLT  PTY LTD OFFERS YOU ACCESS TO OUR SERVICES. 

IF YOU DISAGREE WITH ANY OF THESE TERMS, PLEASE DISCONTINUE YOUR USE OF OUR SITE AND SERVICES.

Policy effective from December 1st 2022.

Welcome to (“SUPERBOLT PTY LTD’s”) User Agreement. This Agreement describes the terms and conditions that govern your use of our services at https://www.superbolt.com.au (the “Site”). If you have any questions, please refer to our User Agreement Frequently Asked Questions (FAQ) at “https://superbolt.com.au/faqs”). 

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a registered user of SUPERBOLT  PTY LTD. We strongly recommend that, as you carefully read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions which apply to you as a SUPERBOLT  PTY LTD registered user. Please note: underlined words and phrases are click-through links to these pages and websites. 

By accepting this User Agreement, you also agree to be bound by the User Agreements and posted terms and conditions on other SUPERBOLT  PTY LTD websites to the extent that you use those websites. If you do not agree to be bound by this User Agreement, please discontinue your use of our Site and services.

We may amend this User Agreement at any time in our discretion by posting the amended terms on the Site. Amendments will be effective immediately after they are initially posted on the Site.  Your continued use of the Site after amendments becomes effective will embody your agreement to be obligated by this User Agreement as amended without any liability or notice. The fact that amendments have been made to the User Agreement will also be notified on our Announcements Board located at (“https://www.superbolt.com.au”). If you do not agree with such amendments, you must terminate your User Membership of SUPERBOLT PTY LTD. This Agreement may not be otherwise amended except in writing signed by you and SUPERBOLT PTY LTD. This agreement is effective on your registration date.

SUPERBOLT PTY LTD reserves the right to modify, limit or terminate any information contained on this Site. At any time, SUPERBOLT PTY LTD also has the right to limit, suspend or terminate their service if there is unlawful, unauthorised activity displayed on the Site which requires technical steps to keep users off the Site to resolve the issue. SUPERBOLT PTY LTD, may also issue warning messages and remove hosted content at any time and is no liable for any damages of any kind related to this action.

SUPERBOLT PTY LTD owns the copyright to the Site and therefore may not be copied, modified, distributed, broadcasted, hyperlinked or transmitted in any way without written permission from SUPERBOLT PTY LTD. 

1. User Membership.
Eligibility

Registration for User Membership will be required in order to fully utilise the Site and Services. As a result, a user account and password will be created and it is YOUR responsibility to secure your User ID and password in order to maintain confidentiality. You are also responsible for all activities which occur under your User ID and password.

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age or to temporarily or indefinitely suspended SUPERBOLT PTY LTD user memberships. If you do not qualify, please do not use our services. Further, your SUPERBOLT PTY LTD user account (including feedback), User ID and Membership may not be transferred or sold to another party. SUPERBOLT PTY LTD is protected by copyright laws.

You may terminate your User Membership by written notice to SUPERBOLT PTY LTD. SUPERBOLT PTY LTD reserves the right to also terminate your User Membership at any time. You indemnify SUPERBOLT PTY LTD for any costs, expenses, damages and losses that SUPERBOLT PTY LTD may incur or suffer if any User Membership information you provided is incorrect.

2. Information Control.

We send you communications and notices regarding your transactions and your account on the Site. Our communications do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the items, information or content provided by other users which is made available through our system. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. Additionally, there may be risks associated with international trading and dealing with foreign nationals.

3. Fraud.

Without limiting any other remedies available to SUPERBOLT PTY LTD at law, in equity or under this User Agreement, SUPERBOLT PTY LTD may, in its sole discretion, suspend or terminate your User Membership and account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with the Site. 

4. Your Information.
4.1. Definition.

“Your Information” is defined as any information you provide to us or other users in the registration, bidding, trading or listing process, in any public message area or through any email feature. Your Information includes the descriptions of items you list for sale or display on the Site as well as any content you post on other web pages within the Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

4.2. Restrictions.

Your Information (including but not limited to any items listed) must not: 

    • be false, inaccurate or misleading;
    • be fraudulent, violate any laws or involve the sale of counterfeit or stolen items;
    • infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    • violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
    • be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
    • be obscene or contain child pornography or otherwise adult in nature or harmful to persons under the age of 18 years. 
    • distribute or contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information and be harmful to SUPERBOLT PTY LTD, property or interests of SUPERBOLT PTY LTD’s registered users;
    • distribute or contain chain letters, pyramid schemes or spam;
    • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; 
    • be inferred as consent by SUPERBOLT PTY LTD to receive unsolicited commercial electronic messages. User email addresses on this Site and other affiliated sites is to facilitate communications relating to services provided by SUPERBOLT PTY LTD only; and
    • link directly or indirectly to or include descriptions of goods or services that:
      • are prohibited under this User Agreement and other related Superbolt Pty Ltd policies
      • are identical to other items and have up for auction but are priced lower than your item’s reserve or minimum bid amount;
      • are concurrently listed for sale on a web site other than SUPERBOLT PTY LTD’s (this does not prevent linking to or advertising a SUPERBOLT PTY LTD item from another web site); or
        • you do not have a right to link to or include.

Furthermore, you may not list any item on the Site (or complete any transaction that was initiated using our service) that, by paying to us the required fee/s, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Usage Policy (located at https://superbolt.com.au/privacy-policy).

5. License

Solely to enable SUPERBOLT  PTY LTD to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual right to use, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your information, in any media now known or not currently known, with respect to Your Information. SUPERBOLT PTY LTD may display your postings on other sites for advertising purposes and may remove your posting if deemed inappropriate or violates any policy or law or causes any issues.  Refer to Privacy Policy (at https://superbolt.com.au/privacy-policy for further information.

You waive in favour of SUPERBOLT PTY LTD, all moral rights in any jurisdiction. Anything you post on this Site will be treated as non-proprietary and non-confidential and maybe used by SUPERBOLT PTY LTD or its affiliates without limitation.

6. Access and Interference.

The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to SUPERBOLT PTY LTD by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior express written permission of SUPERBOLT PTY LTD or the appropriate third party authorised to grant such permission.

7. Breach.

Without limiting other remedies available to SUPERBOLT PTY LTD at law, in equity or under this User Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your user membership and refuse to provide our services to you if:

    • you breach this User Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference;
    • we are unable to verify or authenticate any information you provide to us; or
    • we believe that your actions may cause legal liability for you, our users or us.

8. Privacy.

SUPERBOLT PTY LTD has a Privacy Policy which applies to all registered users and is incorporated into this User Agreement by reference. Our current Privacy Policy is available (at https://superbolt.com.au/privacy-policy). You must read and accept our Privacy Policy upon registration in order to use the Site and services, and you will continue to be bound by its provisions (and any amendments we make) while you are a registered users of SUPERBOLT PTY LTD. 

9. No Warranty.

SUPERBOLT PTY LTD’s Site and Services are on an “As Available” basis, including text, graphics, hyperlinks and other items, and without any warranty to the extent permitted my law. SUPERBOLT PTY LTD, does not warrant the reliability, accuracy, completeness and adequacy of information and disclaims liability for omissions and errors. No warranty of any form, implied, statutory or expressed, as SUPERBOLT PTY LTD makes no representation, warranty or endorsement of any of the services, products and information provided. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. 

10. Liability Limit.

In no event shall SUPERBOLT PTY LTD, our affiliates, directors, agents, families, subsidiaries, employees and related entities or suppliers be liable for lost profits or any special, incidental, consequential damages (e.g. personal injury or death) arising out of or in connection with the Site, our services or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You also agree that SUPERBOLT PTY LTD and all affiliates and related entities of SUPERBOLT PTY LTD hold no responsibility for the legality of our users’ actions (things that they or other users post or carry out) to the extent permitted by law, our liability to you or any third parties in any circumstance is limited to the amount of fees you pay to us (AUD) in the 12 months prior to the action giving rise to liability.

11. Indemnity.

You agree to indemnify and hold us and (as applicable) our staff, directors, agents, affiliates, families, subsidiaries and employees harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

12. Legal Compliance.

You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of the Site and service and your bidding on, listing, purchase, trading, solicitation of offers to purchase, and sale of items. Specifically, you must ensure that your activities, items you list, and Your Information you post on our Site do not violate any Victorian and other relevant state-based fair trading legislation.

YOU ALONE ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS USER AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.

13. No Agency.

You and SUPERBOLT PTY LTD are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

14. Arbitration.

Any controversy or claim arising out of or in connection with this User Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.

User Agreement FAQ at https://superbolt.com.au/faqs
Fees Policy at https://superbolt.com.au/pricing
Usage Policy at https://superbolt.com.au/privacy-policy
Contact Us at https://superbolt.com.au/contact-us

15. General.

This Agreement shall be governed in all respects by the laws of Australia. You agree that this Agreement and all incorporated agreements may be automatically assigned by SUPERBOLT PTY LTD, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. 

16. Disclosures. 

Any disputes between you and SUPERBOLT PTY LTD regarding our services may be reported to Customer Support by going to https://superbolt.com.au/home/contact. We encourage you to try and resolve disputes with other users directly with them, and to use a certified mediation or arbitration entity or report disputes to your local police or law enforcement agency as appropriate.

Contact Us

24 Industrial Drive, Pakenham, Victoria 3810, Australia

support@superbolt.com.au

(03) 5929 8388

Superbolt Showroom – By Appointment Only
Factory 22 / 820 Princes Hwy – 
Springvale • Melbourne • VIC
3171 • Australia
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Superbolt Showroom – By Appointment Only
Factory 22 / 820 Princes Hwy – 
Springvale • Melbourne • VIC
3171 • Australia
Facebook Instagram Youtube Linkedin

©2023, All rights reserved

Coming Soon!

Privacy Policy

SUPERBOLT PTY LTD Australia Privacy Policy

IF YOU DISAGREE WITH ANY OF THESE TERMS, PLEASE DISCONTINUE YOUR USE OF OUR SITE AND SERVICES.

Policy effective from December 1st 2022.

 

Overview

Welcome to  (“SUPERBOLT  PTY LTD’s”) Privacy Policy. Your privacy is very important to us. You must read and agree to the terms of this Privacy Policy before becoming a SUPERBOLT PTY LTD registered user. As part of the normal operation of our services we collect, use and, in some cases, disclose information about you to third parties. This Privacy Policy governs the information we collect about you and your use of information we provide to you. By accepting this Privacy Policy and the User Agreement, you expressly consent to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the SUPERBOLT PTY LTD User Agreement.

Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about our practices and services so that you can make an informed decision. The privacy practices of this notice apply to the website located at [weblink] (collectively the “Site“).

Questions regarding this policy should be directed to SUPERBOLT PTY LTD’s customer support (at https://superbolt.com.au/home/contact/). 

This Privacy Policy contains a number of references to other information pages on the Site and other websites. Please note: underlined words and phrases are click-through links to these pages and websites. SUPERBOLT PTY LTD strongly recommends that as you read this Privacy Policy, you click on such links to obtain further important details about the Privacy Policy, as they may contain further terms and conditions which apply to you as an SUPERBOLT PTY LTD registered user. 

  1. An Important Note About Children.
    Children (persons under the age of 18 years) are not eligible to use our services unsupervised and we ask that children do not submit any personal information to us. If you are under the age of 18 years, you can use this service only in conjunction with and under the supervision of your parents or guardians. 
  2. Information We Collect
    Our primary purpose in collecting personal information is to provide you with a smooth, efficient, safer and customised trading experience. This allows us to provide services and features that most likely meet your needs, and to customise our services to make your experience safer and easier. We only collect personal information about you that we consider necessary for this purpose and to achieve this goal. 

    To fully use our services, you will need to register using our online registration form, where you will be required to provide us with your contact information and other personal information. You are also required to provide us with a User ID. Under some circumstances we may require some additional necessary financial information, such as, but not limited to: if you are registering using an email account at a free email service, or registering to sell on the Site. We use your financial information, including credit card information to verify your name, address, and other contact information, as well as to bill you for your use of our services. 

    We automatically track certain information about you based upon your behaviour on the Site. We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand and serve you and our community. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), what browser you are using, and your IP address. 

    We use data collection devices such as “cookies” on certain pages of our Site. “Cookies” are small files placed on your hard drive that assist us in providing customised services. We also offer certain features that are only available through the use of a “cookie”. We also use “cookies” to allow you to enter your password less frequently during a session. Cookies can also help us provide information which is targeted to your interests. Cookies are stored on your hard drive, not on our Site. Most cookies are “session cookies,” meaning that they are automatically deleted at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session. 

    Additionally, you may encounter “cookies” or other similar devices on certain pages of our Site that are placed by third parties. For example, if you view a web page created by a user, there may be a “cookie” placed within that web page. We do not control the use of cookies by third parties. 

    If you choose to bid, buy or sell on the Site, we collect information about your bidding, buying and selling behaviour. We also collect other users’ comments about you in our feedback area. 

    If you establish a credit account with us to pay the fees we charge, we collect some additional necessary information, including billing address, credit card number and credit card expiration date and tracking information from cheques or money orders. 

    If you choose to post messages in the Discussion Board or other message areas or leave feedback for other users, we will collect and store such information that you disclose to us and which is necessary for us to achieve our primary goal described above. 

    If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you. 

    If you register for SUPERBOLT PTY LTD on another web site or use a web site providing a service for SUPERBOLT PTY LTD or a web site that helps facilitate your activity on SUPERBOLT  PTY LTD, that web site may provide personal information about you and your transactions back to SUPERBOLT  PTY LTD. 

    For a chart showing what information we collect from or about you, and for who has access to that information, please see the Appendix (at: https://superbolt.com.au/privacy-policy) 
  3. Our Use of Your Information
    We use personal information about you (including but not limited to the information in the file we maintain about you, and other information we obtain from your current and past activities on the Site) to resolve disputes, troubleshoot problems, help ensure safe trading on our Site, and enforce our User Agreement. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your information to identify users using multiple User IDs or aliases. 

    If you choose to list an item for sale on our Site or open a credit account, we use your address and billing information to bill you and provide associated support. 

    You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyse site usage, to improve our content and product offerings and customise our Site’s content, layout, and services. These uses improve our Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safer and customised experience while using our services. 

    You agree that we may use your information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, administrative announcements, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy you expressly agree to receive this information unless you inform us in writing (email) to our Customer Support team https://superbolt.com.au/home/contact that you prefer to opt out of any future marketing materials.
  4. Our Disclosure of Your Information
    Although SUPERBOLT PTY LTD uses industry standard practices to protect your personal information, due to technical limitations, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances (further details of which are set out below in the “Legal Requests” section), or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your privacy, we cannot and do not guarantee, and you should not expect, that your personal information or private communications will always remain private. 

    As a matter of policy, we do not sell or rent any personal information about you to any third party. However, the following describes some of the ways that your personal information may be disclosed, and by agreeing to the User Agreement and Privacy Policy you expressly agree that your personal information may be disclosed by SUPERBOLT PTY LTD in the following ways: 

    Advertisers. We aggregate (gather up data across all user accounts) personal information and disclose such information in a non-personally identifiable manner to users and other third parties for marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number, and bank account number, are never disclosed to advertisers. 

    SUPERBOLT PTY LTD Community. Throughout the Site, you are identified by your User ID. If you select your email address as your User ID you will disclose your email address to other users and third parties. As a result, other users and third parties might send you unsolicited email and be able to personally identify all of your activities on the Site. Although our pages are coded with robot exclusion headers, others may attempt to automatically collect your email address from our Site. Even if your User ID is not your email address, your User ID can be used to identify you and your activities throughout the Site. Other people can see your bids, items that you have purchased in the past, your feedback rating and associated comments, your postings on the Site, and so on. We also provide a number of ways to allow other users to find more out about you and your Site activities, such as our feature that allows users to quickly see all of the items you are offering at the time. If you are involved in a transaction, we have a feature that allows other users to view your email address and obtain your contact information. 

    External Service Providers. There are a number of services offered by external service providers that help you use the Site (e.g., co-branded sites, listing agents, escrow, authentication, mediation). If you choose to use these optional services, disclose personal information to the external service providers, and/or grant them permission to collect personal information about you, then their use of your personal information is governed by their privacy policy. We may, for your convenience, provide some of your personal information to the external service provider offering such services. However, before we disclose your personal information to an external service provider, you will have the opportunity to see what data is about to be sent and have the ability to approve the disclosure. To prevent our disclosure of your personal information to an external service provider, you can decline such disclosures or simply not use their services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services. 


Internal Service Providers. We may use internal service providers to facilitate our services (e.g., search, discussion boards, surveys) and therefore we may provide some of your personal information directly to them. In some instances, the internal service provider may collect information directly from you (such as the situation where we ask an internal service provider to conduct a survey for us). In these cases, you will be notified of the involvement of the internal service provider, and all information disclosures you make will be strictly optional. In all cases, these internal service providers’ use of information we supply them is restricted by confidentiality agreements. If you provide additional information to an internal service provider directly, then their use of your information is governed by their applicable privacy policy. 

Other Corporate Entities. We share much of our data, including personal information about you, with our subsidiaries and joint ventures that are committed to serving your online trading needs and related services, throughout the world, as allowed by applicable law. It is possible that SUPERBOLT PTY LTD, its subsidiaries, its joint ventures, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that SUPERBOLT PTY LTD would share some or all of your information in order to continue to provide the service. If SUPERBOLT PTY LTD, is involved in an acquisition or merger, SUPERBOLT PTY LTD may share your personal information with another company but this policy and related documents will continue to apply.

Legal Requests. SUPERBOLT PTY LTD may lawfully disclose your personal information for law enforcement or regulatory purposes. SUPERBOLT PTY LTD cooperates with law enforcement inquires and other third parties to enforce laws, intellectual property and other rights. We can (and you authorise us to) disclose any information about you to law enforcement or other governmental officials as we, in our sole discretion, believe necessary, appropriate or as otherwise permitted under the Australian law in connection with an investigation of fraud, intellectual property infringements, piracy or other activity that is illegal or may expose us to legal liability. 

  1. Your Use of Other Users’ Information
    In order to facilitate interaction among all SUPERBOLT PTY LTD community members, our service allows you limited access other users’ contact information. As a seller you have access to the User ID, email address and other contact information of the buyer or winning bidder(s), and as a buyer or winning bidder you have access to the User ID, email address and other contact information of the seller. 

    By entering into our User Agreement, you agree that, with respect to other users’ personal information that you obtain through the Site or through an SUPERBOLT PTY LTD-related communication or SUPERBOLT PTY LTD-facilitated transaction, SUPERBOLT PTY LTD hereby grants to you a license to use such information only for:
    1. SUPERBOLT PTY LTD-related communications that are not unsolicited commercial messages,
    2. using co-branded services offered through SUPERBOLT PTY LTD (e.g. escrow, insurance, shipping and fraud complaints), and
    3. any other purpose that such user expressly opts into after adequate disclosure of the purpose(s).


In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personal information about another user to any third party without our consent and the consent of such other user after adequate disclosure. 

We and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a SUPERBOLT PTY LTD user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent after adequate disclosure. To report spam from other SUPERBOLT PTY LTD users, please send an email to our Customer Support team https://superbolt.com.au/home/contact .

  1. Control of Your Password
    You are responsible for all actions taken with your User ID and password, including fees. Therefore we do not recommend that you disclose your SUPERBOLT PTY LTD password to any third parties. If you choose to share your User ID and password or your information with third parties to provide you additional services, you agree that you are responsible for all actions taken with your User ID and password and therefore you should review that third party’s privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.
  2. Accessing, Reviewing and Changing Your Personal Information
    Following registration, you can review and change the information you submitted during registration. 


You must promptly update your personal information if it changes. Once posted, you cannot change or remove any public postings made in our chat rooms or other message areas or the feedback area. 

Upon your request, we will deactivate your account, contact information, and financial information from our active databases. To make this request, email our Customer Support team (at https://superbolt.com.au/home/contact ). Such information will be deactivated as soon as reasonably possible in accordance with our deactivation policy and applicable law. 

We will retain in our files information you have requested to remove in some circumstances, such as to prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, and enforce our User Agreement, and to comply with legal requirements. Further, such prior information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests. However, such information will be deactivated from public viewing and usage by other members of SUPERBOLT PTY LTD and will only be available to select SUPERBOLT PTY LTD personnel. 

Other Information Collectors
Except as otherwise expressly discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are bidders, buyers or sellers on our Site or other sites throughout the Internet, different rules may apply to their use or disclosure of the personal information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy customs and policies. Since SUPERBOLT PTY LTD does not control the privacy policies of third parties, you are subject to the privacy policies of that third party. We encourage you to ask questions before you disclose your personal information to others. 

Notice
We may change this Privacy Policy from time to time based on your comments and our need to accurately reflect our data collection and disclosure practices. All changes will be posted on the announcement board and effective immediately. Your continued use of the Site after amendments become effective will embody your agreement to be obligated by this agreement to be amended without any liability or notice.

Security
SUPERBOLT PTY LTD uses security features to safeguard your personal information against unauthorised access and disclosure and does not make any guarantee or is liable for any damages whatsoever resulting from any unauthorised breach of security. 

Terms and Conditions

User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH SUPERBOLT  PTY LTD OFFERS YOU ACCESS TO OUR SERVICES. 

IF YOU DISAGREE WITH ANY OF THESE TERMS, PLEASE DISCONTINUE YOUR USE OF OUR SITE AND SERVICES.

Policy effective from December 1st 2022.


Welcome to (“SUPERBOLT PTY LTD’s”) User Agreement. This Agreement describes the terms and conditions that govern your use of our services at https://www.superbolt.com.au (the “Site”). If you have any questions, please refer to our User Agreement Frequently Asked Questions (FAQ) at “https://superbolt.com.au/faqs”). 

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a registered user of SUPERBOLT  PTY LTD. We strongly recommend that, as you carefully read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions which apply to you as a SUPERBOLT  PTY LTD registered user. Please note: underlined words and phrases are click-through links to these pages and websites. 

By accepting this User Agreement, you also agree to be bound by the User Agreements and posted terms and conditions on other SUPERBOLT  PTY LTD websites to the extent that you use those websites. If you do not agree to be bound by this User Agreement, please discontinue your use of our Site and services.

We may amend this User Agreement at any time in our discretion by posting the amended terms on the Site. Amendments will be effective immediately after they are initially posted on the Site.  Your continued use of the Site after amendments becomes effective will embody your agreement to be obligated by this User Agreement as amended without any liability or notice. The fact that amendments have been made to the User Agreement will also be notified on our Announcements Board located at (“https://www.superbolt.com.au”). If you do not agree with such amendments, you must terminate your User Membership of SUPERBOLT PTY LTD. This Agreement may not be otherwise amended except in writing signed by you and SUPERBOLT PTY LTD. This agreement is effective on your registration date.

SUPERBOLT PTY LTD reserves the right to modify, limit or terminate any information contained on this Site. At any time, SUPERBOLT PTY LTD also has the right to limit, suspend or terminate their service if there is unlawful, unauthorised activity displayed on the Site which requires technical steps to keep users off the Site to resolve the issue. SUPERBOLT PTY LTD, may also issue warning messages and remove hosted content at any time and is no liable for any damages of any kind related to this action.

SUPERBOLT PTY LTD owns the copyright to the Site and therefore may not be copied, modified, distributed, broadcasted, hyperlinked or transmitted in any way without written permission from SUPERBOLT PTY LTD. 

  1. User Membership.

Eligibility

Registration for User Membership will be required in order to fully utilise the Site and Services. As a result, a user account and password will be created and it is YOUR responsibility to secure your User ID and password in order to maintain confidentiality. You are also responsible for all activities which occur under your User ID and password.

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age or to temporarily or indefinitely suspended SUPERBOLT PTY LTD user memberships. If you do not qualify, please do not use our services. Further, your SUPERBOLT PTY LTD user account (including feedback), User ID and Membership may not be transferred or sold to another party. SUPERBOLT PTY LTD is protected by copyright laws.

You may terminate your User Membership by written notice to SUPERBOLT PTY LTD. SUPERBOLT PTY LTD reserves the right to also terminate your User Membership at any time. You indemnify SUPERBOLT PTY LTD for any costs, expenses, damages and losses that SUPERBOLT PTY LTD may incur or suffer if any User Membership information you provided is incorrect.

2. Information Control. 
We send you communications and notices regarding your transactions and your account on the Site. Our communications do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the items, information or content provided by other users which is made available through our system. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. Additionally, there may be risks associated with international trading and dealing with foreign nationals.

3 Fraud. 
Without limiting any other remedies available to SUPERBOLT PTY LTD at law, in equity or under this User Agreement, SUPERBOLT PTY LTD may, in its sole discretion, suspend or terminate your User Membership and account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with the Site. 

  1. Your Information.

2.1 Definition. 

“Your Information” is defined as any information you provide to us or other users in the registration, bidding, trading or listing process, in any public message area or through any email feature. Your Information includes the descriptions of items you list for sale or display on the Site as well as any content you post on other web pages within the Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

3.2 Restrictions. 

Your Information (including but not limited to any items listed) must not: 

    1. be false, inaccurate or misleading;
    2. be fraudulent, violate any laws or involve the sale of counterfeit or stolen items;
    3. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    4. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
    5. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
    6. be obscene or contain child pornography or otherwise adult in nature or harmful to persons under the age of 18 years. 
    7. distribute or contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information and be harmful to SUPERBOLT PTY LTD, property or interests of SUPERBOLT PTY LTD’s registered users;
    8. distribute or contain chain letters, pyramid schemes or spam;
    9. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; 
    10. be inferred as consent by SUPERBOLT PTY LTD to receive unsolicited commercial electronic messages. User email addresses on this Site and other affiliated sites is to facilitate communications relating to services provided by SUPERBOLT PTY LTD only; and
    11. link directly or indirectly to or include descriptions of goods or services that:
      1. are prohibited under this User Agreement and other related Superbolt Pty Ltd policies
      2. are identical to other items and have up for auction but are priced lower than your item’s reserve or minimum bid amount;
      3. are concurrently listed for sale on a web site other than SUPERBOLT PTY LTD’s (this does not prevent linking to or advertising a SUPERBOLT PTY LTD item from another web site); or 
      4. you do not have a right to link to or include

Furthermore, you may not list any item on the Site (or complete any transaction that was initiated using our service) that, by paying to us the required fee/s, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Usage Policy (located at https://superbolt.com.au/privacy-policy).

6.3 License. 
Solely to enable SUPERBOLT  PTY LTD to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual right to use, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your information, in any media now known or not currently known, with respect to Your Information. SUPERBOLT PTY LTD may display your postings on other sites for advertising purposes and may remove your posting if deemed inappropriate or violates any policy or law or causes any issues.  Refer to Privacy Policy (at https://superbolt.com.au/privacy-policy for further information.

You waive in favour of SUPERBOLT PTY LTD, all moral rights in any jurisdiction. Anything you post on this Site will be treated as non-proprietary and non-confidential and maybe used by SUPERBOLT PTY LTD or its affiliates without limitation.

  1. Access and Interference.

The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to SUPERBOLT PTY LTD by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior express written permission of SUPERBOLT PTY LTD or the appropriate third party authorised to grant such permission.

 

  1. Breach.

Without limiting other remedies available to SUPERBOLT PTY LTD at law, in equity or under this User Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your user membership and refuse to provide our services to you if:

    1. you breach this User Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference; 
    2. we are unable to verify or authenticate any information you provide to us; or
    3. we believe that your actions may cause legal liability for you, our users or us.
  1. Privacy.

SUPERBOLT PTY LTD has a Privacy Policy which applies to all registered users and is incorporated into this User Agreement by reference. Our current Privacy Policy is available (at https://superbolt.com.au/privacy-policy). You must read and accept our Privacy Policy upon registration in order to use the Site and services, and you will continue to be bound by its provisions (and any amendments we make) while you are a registered users of SUPERBOLT PTY LTD. 

  1. No Warranty.

SUPERBOLT PTY LTD’s Site and Services are on an “As Available” basis, including text, graphics, hyperlinks and other items, and without any warranty to the extent permitted my law. SUPERBOLT PTY LTD, does not warrant the reliability, accuracy, completeness and adequacy of information and disclaims liability for omissions and errors. No warranty of any form, implied, statutory or expressed, as SUPERBOLT PTY LTD makes no representation, warranty or endorsement of any of the services, products and information provided. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. 

  1. Liability Limit.

In no event shall SUPERBOLT PTY LTD, our affiliates, directors, agents, families, subsidiaries, employees and related entities or suppliers be liable for lost profits or any special, incidental, consequential damages (eg. personal injury or death) arising out of or in connection with the Site, our services or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You also agree that SUPERBOLT PTY LTD and all affiliates and related entities of SUPERBOLT PTY LTD hold no responsibility for the legality of our users’ actions (things that they or other users post or carry out) to the extent permitted by law, our liability to you or any third parties in any circumstance is limited to the amount of fees you pay to us (AUD) in the 12 months prior to the action giving rise to liability.

  1. Indemnity.

You agree to indemnify and hold us and (as applicable) our staff, directors, agents, affiliates, families, subsidiaries and employees harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

  1. Legal Compliance.

You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of the Site and service and your bidding on, listing, purchase, trading, solicitation of offers to purchase, and sale of items. Specifically, you must ensure that your activities, items you list, and Your Information you post on our Site do not violate any Victorian and other relevant state-based fair trading legislation.  YOU ALONE ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS USER AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.

  1. No Agency.

You and SUPERBOLT PTY LTD are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  1. Arbitration.

Any controversy or claim arising out of or in connection with this User Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.

User Agreement FAQ at https://superbolt.com.au/faqs

Announcement Board at https://superbolt.com.au/dashboard/index

Fees Policy at https://superbolt.com.au/home/pricing 

Usage Policy at https://superbolt.com.au/privacy-policy

Contact Us at https://superbolt.com.au/contact-us

  1. General.

This Agreement shall be governed in all respects by the laws of Australia. You agree that this Agreement and all incorporated agreements may be automatically assigned by SUPERBOLT PTY LTD, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. 

  1. Disclosures 

Any disputes between you and SUPERBOLT PTY LTD regarding our services may be reported to Customer Support by going to https://superbolt.com.au/home/contact. We encourage you to try and resolve disputes with other users directly with them, and to use a certified mediation or arbitration entity or report disputes to your local police or law enforcement agency as appropriate.

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