Terms & Conditions
Welcome to UTILITI. By using the UTILITI.org websites -HolidayCentre.com - LayBys.com - RainChecks.com - Hagglers.com - and any related service or tool ("the UTILITI services"), you agree to the following terms with UTILITI. If you have any questions, please contact Customer Service.
The entity you are contracting with is:
- UTILITI Marketplaces 10-130 Jonson Street, Byron Bay NSW 2481 Australia
In this User Agreement, these entities are individually and collectively referred to as "UTILITI", "we" or "us".
Before using the UTILITI services, you must read and accept all of the terms in, and linked to, this User Agreement ("Agreement") and the UTILITI User Privacy Notice. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement and User Privacy Notice will apply whenever you use the UTILITI services, or when you use the tools we make available to interact with the UTILITI services. If you use an UTILITI site other than UTILITI.org, you acknowledge that you will need to accept and be bound by the terms of that site.
3. Using UTILITI
While using the UTILITI services, you will not:
- post content or items in inappropriate categories or areas on our sites and services;
- infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
- use the UTILITI services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the UTILITI services;
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made or you cannot authenticate the seller's identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity;
- manipulate the price of any item or interfere with other users' listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to UTILITI;
- post false, inaccurate, misleading, defamatory or offensive content (including personal information);
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to UTILITI);
- transfer your UTILITI account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
- distribute viruses or any other technologies that may harm UTILITI or the interests or property of UTILITI users;
- export or re-export any UTILITI tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify or distribute rights or content from the UTILITI services or UTILITI's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
4. Abusing UTILITI
UTILITI and its community of users ("the Community") work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
UTILITI's Verified Rights Owner (VeRO) Program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the UTILITI services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-UTILITI transactions, Feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue UTILITI services.
If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of UTILITI, you may be liable to pay a final value fee applicable to that item.
5. Fees and services
Joining UTILITI and bidding on listed items is free. We do charge fees for using other services, such as listing items. The fees we charge for using our Services are listed on our fee schedules:
- Selling fees without an UTILITI Store
- UTILITI Stores selling fees
- Fees for selling a vehicle on UTILITI
We charge different fees for selling with managed payments. When you are invited to register for managed payments, you can view these fees from the Payments tab in Seller Hub - opens in new window or tab.
When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged.
We may change our seller fees from time to time by posting the changes on the UTILITI site 14 days in advance, but with no advance notice required for temporary promotions, new services, or any changes that result in the reduction of fees.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all UTILITI services, even if sales terms are finalised or payment is made outside of UTILITI. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of UTILITI, you will be liable to pay a final value fee applicable to that item. Sellers must meet UTILITI's minimum performance standards. Failure to meet these standards may result in UTILITI charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your payment is past due, we (or one of our affiliates) may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, using any credits on your account and, for accounts over 180 days past due, requesting that PayPal deduct the amount owed from your PayPal account. In addition, you will be subject to late fees. In the event that your payment method fails or your payment is past due, we may also limit or suspend the services which UTILITI provides to you, including by not displaying your listings.
When you upload content to the UTILITI website or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights you have in the content, in any media known now or in the future and for any other purpose.
If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to UTILITI and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“UTILITI Authorised Persons”):
(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:
(i) in whatever form and in whatever circumstances UTILITI and the UTILITI Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and
(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and
(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including UTILITI users). You may use catalogue content solely in connection with your UTILITI listings during the time your listings are on UTILITI's sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this User Agreement and all UTILITI policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
7. Trading on UTILITI and limitation of liability
While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold UTILITI responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not a party to the sales transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online, including our safe trading tips for buyers and tips for sellers on avoiding transaction problems.
When you enter into a transaction you create a legally binding contract with another user, unless the item is listed in a category under the Non-binding bid policy. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not UTILITI – are responsible for enforcing any rights that you may have.
You alone, and not UTILITI, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.
We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the UTILITI services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the UTILITI services.
To the extent that UTILITI is able to limit the remedies available under this Agreement, UTILITI expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Without limiting other remedies available to UTILITI at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if:
- you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way (including those Policies referred to in Clause 25 below);
- we are unable to verify or authenticate any information you provide to us;
- we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
- if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.
10. Returns and UTILITI Money Back Guarantee
Buyers can request a return or report that they didn't receive an item from their Purchase history - opens in new window or tab.
If the buyer is requesting to return an item for "change of mind" (or "remorse") reasons, the seller's return policy as stated in the listing will apply – including which party is responsible for return postage costs. Sellers may exercise their discretion to accept or deny a remorse return request if it falls outside their return policy.
If an item is not received, an item differs significantly from the listing, or a seller doesn't fulfil their return policy as stated in the listing, the UTILITI Money Back Guarantee policy, which is part of this User Agreement and incorporated by reference, will apply. As stated in the policy, the cost of return postage for an item that is significantly not as described will usually be the seller's responsibility.
Buyers and sellers agree to comply with the UTILITI Money Back Guarantee policy and Condition of returned items policy and acknowledge that we may automate some aspects of the returns process. You also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any case – including an item returned for remorse reasons – where a buyer and seller cannot come to agreement. If we resolve a case in the buyer's favour, the seller will be required to issue a full refund to the buyer (including original postage costs), either by reversal of the transaction processed by UTILITI for managed payments transactions, by automatic reversal of the transaction from the seller's PayPal account, or by reimbursing UTILITI in cases where we refunded the buyer directly.
As a seller, you authorise and instruct us:
- to automatically accept a return request on your behalf and provide a return postage label to the buyer, for return requests that fall within your returns policy or the UTILITI Money Back Guarantee policy;
- to place return postage costs on your seller invoice, in cases where you are responsible for paying return postage;
- to request UTILITI or PayPal to reverse the refund amount (in same or other currency) in cases where the transaction is cancelled or the buyer returns an item in accordance with your listing's return policy;
- to request UTILITI or PayPal to collect or reverse variable amounts (representing payments related to covered claims) to carry out a buyer reimbursement, including amounts in other currency holdings where you do not have sufficient funds available in the transaction currency;
- to request UTILITI or PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) at any point during the resolution process (which may result in UTILITI or PayPal determining to restrict your access to funds in order to manage their risk exposure pursuant to their policies – see clause 11: Restricting funds);
- to recover the amount we pay to the buyer (in cases where we refund the buyer directly) by placing the reimbursement amount on your seller invoice and charging the payment method you selected; and
- to use credits on your account to pay for amounts you owe to UTILITI.
You acknowledge and agree that your authorisations above will or may be made on a recurring basis and on various dates as required by us to facilitate returns on UTILITI and implement the terms of the UTILITI Money Back Guarantee policy.
You must have a payment method on file with UTILITI and you may change this payment method - opens in new window or tab at any time. If you do not provide UTILITI with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies and instructing UTILITI to deduct the outstanding amount from the proceeds of sales they hold on your behalf.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the UTILITI Money Back Guarantee refund or reimbursement or instructing UTILITI to deduct the outstanding amount from the proceeds of sales they hold on your behalf.
As a buyer, you will be precluded from bringing an UTILITI Money Back Guarantee claim if you already have made or are making a claim with PayPal or have filed or are filing a chargeback with your card issuer in respect of the same transaction. We may suspend the UTILITI Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy, or for commercial reasons.
Certain categories of items are excluded from the UTILITI Money Back Guarantee, and other conditions apply. Please refer to the UTILITI Money Back Guarantee policy for more details.
11. Restricting funds
To protect against the risk of liability, UTILITI may request, and you agree to authorise the request, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies.
12. Click & Collect service
Click & Collect is an UTILITI service that allows a person to opt to collect goods they purchase on UTILITI websites:
You must not misrepresent the Click & Collect service as your own service (whether through direct hyperlink, advertising, promotions or any other means) or advertise or promote the Click & Collect service in a manner not approved by UTILITI in writing.
Click & Collect from
For the purposes of the Click & Collect service, , like us, is not involved in the actual sales transaction between buyers and sellers made on UTILITI.org or other UTILITI websites and has no control over the acts or omissions of users of the UTILITI services or their agents. Accordingly, to the extent permitted by Law, excludes any and all liability (whether in contract, tort, statute, equity or otherwise) arising out of or in connection with the UTILITI services, including the Click & Collect service, and including any Indirect Loss suffered paid or incurred in connection with the Click & Collect service. "Indirect Loss" means loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings, loss of opportunity, loss of use and any other loss or damage not arising naturally and according to the usual course of things from the relevant breach, act or omission whether or not such loss or damage may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the relevant breach, act or omission.
If its liability cannot be excluded by law, ' liability is limited, at its discretion and to the extent permitted by law, to the re-supply of those parts of the Click & Collect service for which it is responsible or to the payment of the cost of re-supplying those services.
UTILITI enters into this clause on behalf of as its agent. You agree that may enforce this clause directly against you in consideration of it making its retail outlets available to you in connection with the Click & Collect service.
Click & Collect at
For purchases where you collect your item from a selected retailer within the network, End User Terms of Service - opens in new window or tab apply in addition to the terms of this User Agreement.
Click & Collect from the retailer
13. UTILITI Plus
UTILITI Plus is an UTILITI program that allows UTILITI customers to pay an annual membership fee and receive member-only benefits, such as free delivery and free returns on UTILITI Plus purchases.
UTILITI will display the UTILITI Plus badge on eligible listings based on criteria determined by UTILITI.
UTILITI Plus as a buyer
When you join UTILITI Plus as a buyer, you accept and agree to the UTILITI Plus Terms and Conditions - opens in new window or tab, which are part of this User Agreement and incorporated by reference.
UTILITI Plus as a seller
By using the UTILITI services and meeting UTILITI Plus criteria on one or more of your listings, you acknowledge and agree that:
- You may be required to fulfil orders with express delivery at your expense;
- UTILITI does not guarantee that the UTILITI Plus badge will appear on your listing, UTILITI's decision as to which items the UTILITI Plus badge is displayed on is final and UTILITI may include or remove sellers from UTILITI Plus participation at its absolute discretion;
- UTILITI will be entitled to take necessary action against sellers who abuse the UTILITI Plus program or violate UTILITI's policies including, without limitation, recovering postage costs charged by sellers that exceed the actual postage cost for posting the item (being the amount charged by the carrier); and
- You will not misrepresent the UTILITI Plus service as your own service (whether through direct hyperlink, advertising, promotions or any other means), nor advertise or promote the UTILITI Plus service in a manner not approved by UTILITI in writing.
If you do not wish to have any of your listings included in UTILITI Plus, you will be able to opt out of UTILITI Plus in your account preferences.
14. Access and interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to UTILITI by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the UTILITI services for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of UTILITI and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
15. Listing conditions
By listing an item on UTILITI's sites, you agree to pay UTILITI's fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:
- When you list an item on UTILITI's sites, your listing will be posted on UTILITI's sites and can be viewed in My UTILITI - opens in new window or tab.
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so UTILITI can't guarantee exact listing durations.
- We may revise data in the UTILITI product catalogue to supplement, remove, or correct information; if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly.
- Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback and detailed seller ratings. Learn more about where your listings appear in search and browse results.
- Your listing will, at all times, comply with UTILITI rules and policies, including listing rules.
- You must list your item in the most relevant category. When you list an item in two categories and there is a difference in final value fees between the categories, the higher final value fee will apply when your item sells.
16. Buying and selling internationally
Sellers can offer items for sale internationally by listing directly on one or more of UTILITI's international sites, or by choosing to offer international postage option(s) when listing on UTILITI.org. Buyers may purchase items from international sellers that are displayed on UTILITI.org, or by shopping on one or more of UTILITI's international sites.
Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase and shipment of items, as detailed in the International trading policy.
If you list an item for sale or purchase an item on an UTILITI site other than UTILITI.org, you are subject to the User Agreement and applicable policies of that other UTILITI site with respect to that particular listing or purchase, including any buyer protection programs, as detailed in the International selling policy.
As a seller, regardless of which UTILITI site you use to list your item:
- If you choose to offer an international postage option (such as worldwide postage), you agree that we may display your listing on an UTILITI site other than the UTILITI site where you listed your item for sale based on your postage settings, but acknowledge that your listings may not appear on some or all of these sites. You may stop your listing from appearing on international sites or restrict international buyers from purchasing your items by adjusting your postage settings, as detailed in the International selling policy.
- If your item is sold to a buyer who is using an UTILITI site other than your UTILITI site of registration, you agree to be subject to the User Agreement and applicable policies, including any buyer protection programs, of that other site with respect to that particular sale, as detailed in the International selling policy.
- You are responsible for complying with all laws and regulations applicable to the sale and delivery of items to international buyers and are responsible for paying all fees and applicable taxes or charges associated with UTILITI sites and services such as GST or VAT. Fees for listing and selling items on UTILITI's international sites will be added to your seller invoice and charged to the automatic payment method (if any) that is on file with your UTILITI site of registration.
As part of UTILITI Services, we may offer certain programs, tools and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international postage calculation tools.
You authorise us to use automated tools to translate your UTILITI content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.
17. Managed payments
UTILITI has launched a new managed payments service, where UTILITI (the "payments entity") manages payments on behalf of sellers (such management described as "managed payments" or similar) on UTILITI.org
The contract for sale underlying the purchase of goods is directly concluded between seller and the buyer in the same manner as for transactions for which the payments entity does not manage payments.
Using UTILITI's managed payment service as a seller
When we activate your account for managed payments, to continue to list and sell on UTILITI, as directed by UTILITI , you must:
- provide the payments entity with information about you and/or your business to meet its compliance requirements, including those involving identity verification, anti-money laundering controls, and sanctions screening as required by applicable laws and policies; and
- pass such verification and screening and otherwise meet the compliance requirements of the payments entity, as determined by the payments entity; and
- provide bank account information so that the payments entity can link such account to your UTILITI account, allowing the payments entity to pay you.
- the payments entity may obtain information about you from third parties to verify your identity, comply with anti-money laundering and sanctions screening obligations, and for other purposes in connection with managed payments; and
- the payments entity may use third-party payments service providers to assist it in providing managed payments services, including companies that process payments, perform risk assessments (such as credit agencies) or compliance checks, verify identity, and validate payment methods. UTILITI, the payments entity, and their affiliates may send personal data associated with you and your account to such third parties.
The payments entity may, in its sole discretion, manage payments on your behalf even if you haven't provided all requested information, and the payments entity may withhold payouts pending receipt of such information.
Using UTILITI's managed payment service as a buyer
As a buyer, you understand that for some orders, you will be transacting with a seller who is using managed payments. By purchasing items on UTILITI.org, you acknowledge and agree that in the case of a managed payments transaction:
- You may pay for such items using those payment methods that UTILITI makes available, and UTILITI will manage settlement to sellers. You authorise UTILITI to initiate payments using your selected payment method and collect the transaction amounts on behalf of sellers.
- In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with UTILITI's internal risk controls or due to potential violations of any policy of UTILITI or UTILITI , or a policy of UTILITI 's third party payments services providers.
- UTILITI, UTILITI or its affiliates may save payment information, such as credit card or debit card numbers and card expiry dates, entered by you on UTILITI Services when you make a purchase, redeem a voucher, or make any other transaction on UTILITI Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on UTILITI Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the Personal Information section under the Account tab in My UTILITI - opens in new window or tab. You are responsible for maintaining the accuracy of information we have on file, and you consent to UTILITI updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorised to use.
- You may seek returns or cancellations, or file UTILITI Money Back Guarantee claims, in the same manner as you do for transactions for which UTILITI does not manage payments. UTILITI refunds amounts paid for successful UTILITI Money Back Guarantee claims and returned or cancelled transactions in cases where the original payment was handled by such entity. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
- You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of managed payments. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that UTILITI has no control over, or responsibility or liability for, such fees or actions.
18. Tax on consumer purchases
Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, or other taxes that apply to items bought on UTILITI. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office - opens in new window or tab, your local tax or customs authority, or seek independent tax advice.
In any jurisdiction where UTILITI has an obligation to collect tax on consumer purchases:
- UTILITI may add the applicable tax to the item price displayed to the buyer;
- UTILITI will display the tax amount at checkout once the buyer's order and delivery address are confirmed, and this will be included in the order total paid by the buyer;
- UTILITI will collect this amount via any means available to us and remit the tax to the relevant authority.
For more details, please see our Tax policy.
As a buyer, you acknowledge and agree that tax may apply on top of the seller's item price, and that you will have the opportunity to review this before finalising your order.
As a seller, you acknowledge and agree that where UTILITI has an obligation to collect tax on consumer purchases 1) your prices may appear higher to buyers based on their delivery address, and 2) that we may not report tax collected to you, although we will indicate on the order details page if tax was collected by UTILITI.
19. Closing your account
You may close your UTILITI account at any time, subject to:
- not having any outstanding items listed on the website; and
- resolving any outstanding matters (such as a suspension or restriction on your account); and
- paying any outstanding fees owing on the account.
We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the UTILITI User Privacy Notice. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us - opens in new window or tab and choose not to receive certain communications - opens in new window or tab by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the UTILITI User Privacy Notice. If you object to your information being transferred or used in this way please do not use our services.
Privacy of Others; Marketing
If UTILITI provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the UTILITI services.
22. No agency
UTILITI is not your agent for any purpose in relation to this Agreement or your use of the UTILITI services.
Legal notices must be served on UTILITI's registered agent (in the case of UTILITI) or to the email address you provide to UTILITI during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to UTILITI's registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) to UTILITI Marketplaces Suite 10 - 130 Jonson Stret, Byron Bay 2481 NSW Australia
24. Legal disputes
If a dispute arises between you and UTILITI, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to UTILITI's registered agent in accordance with Clause 23 above. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and forum for legal disputes
This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and UTILITI irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
25. Additional terms
It is important to read and understand all our policies as they provide the rules for trading on the UTILITI site. You should read the UTILITI rules and policies overview to see the rules that apply to you. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply.
Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites, including but not limited to:
- User Privacy Notice
- UTILITI Money Back Guarantee policy
- Site outages
- Prohibited and restricted items policies
- Discussion boards usage policy
- Rules for listings
- Rules about intellectual property
- Offers to buy or sell outside of UTILITI policy
Each of these policies may be changed from time to time. Changes take effect when we post them on the UTILITI.org site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.
UTILITI is located at Suite 10 - 130 Jonson Street, Byron Bay NSW 2481 Australia.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches.
We may amend this Agreement at any time by posting the amended terms on UTILITI.org. We will also notify you of any material amendments through UTILITI Messages - opens in new window or tab (in My UTILITI) or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with Clause 19 of this Agreement.
This Agreement contains the entire understanding and agreement between you and UTILITI. The following Clauses survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.
Contact us - 1300 660 660 - firstname.lastname@example.org