1 – Acceptance of Terms and Conditions
1.1 – Please read these Terms and Conditions carefully.
1.2 – By using, browsing and/or reading the eBranding.com.au website, this signifies that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you must immediately cease using the eBranding.com.au website and/or any services provided by eBranding.com.au.
1.3 – By remaining on the eBranding.com.au website, you are signifying that you have read, understood and agree to be bound by the Terms and Conditions.
1.4 – You may also accept the Terms and Conditions by clicking to accept or agree to the Terms and Conditions, where this option is made available to you on eBranding.com.au.
2 – Changes to Terms and Conditions
2.1 – eBranding.com.au reserves the right to review and change any of the Terms and Conditions by updating this page at our sole discretion.
2.2 – When eBranding.com.au updates the Terms and Conditions, we will use reasonable endeavours to provide you with notice of updates to the Terms and Conditions. Any changes to the Terms and Conditions take immediate effect from the date of their publication.
2.3 – Before you continue, we recommend that you keep a copy of the Terms and Conditions for your records.
2.4 – The Terms and Conditions were last updated on 23 April 2019.
3 – About eBranding.com.au
3.1 – eBranding.com.au is an Australian domain name marketplace.
4 – Approved marketplace sellers: third party domain names
4.1 – Some of the domain names in the eBranding.com.au marketplace have been listed by third parties (we are not the registrant for those domains).
4.2 – We do not act as agents or brokers for third party domain names listed on eBranding.com.au. Approved marketplace sellers are wholly responsible for communications with enquirers and any transactions relating to their domain name listings.
4.3 – We are not a party to any agreement between approved marketplace sellers and purchasers of those third party domain names.
5 – Zero tolerance for discriminatory, threatening, defamatory or highly offensive behaviour
5.1 – We want to ensure that eBranding.com.au is a safe and inviting community for everyone. We take a zero tolerance approach to behaviour that we deem to be discriminatory, threatening, defamatory or otherwise highly offensive.
5.2 – You agree that you will not use the eBranding.com.au website and/or services provided by eBranding.com.au to behave in a manner that we deem to be discriminatory, threatening, defamatory or otherwise highly offensive. This includes details contained in domain name listings associated with your account; and any communications made via the eBranding.com.au website (including our private messaging feature), or communications that occur as a result of your usage of the eBranding.com.au website and/or services provided by eBranding.com.au (including responding to enquiries about domain name listings associated with your account).
5.3 – eBranding.com.au users that breach these requirements will have their accounts terminated and any associated listings will be deleted.
5.4 – If you have any concerns about material published on eBranding.com.au or communications received in relation to the eBranding.com.au website or related services, please contact us immediately.
6 – Trade marks and other intellectual property
6.1 – All third party trade marks, logos and brands are the property of their respective owners.
6.2 – If you believe that one or more of your trade marks, logos or brands have been used without your authorisation, please contact us immediately.
6.3 – eBranding.com.au retains all rights, title and interest in and to the eBranding.com.au website and all related services. Nothing you do on or in relation to the eBranding.com.au website or related services will transfer any of the following to you:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
7 – Privacy
7.1 – We are committed to protecting your privacy.
8 – General Disclaimer
8.1 – Nothing in the Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
8.2 – Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms and Conditions are excluded; and
- eBranding.com.au will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with our services or these Terms and Conditions (including as a result of not being able to use our services or the late supply of our services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
8.3 – Use of the eBranding.com.au website and/or services provided by eBranding.com.au is at your own risk. Everything on the eBranding.com.au website and related services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, owners, directors, officers, employees, agents, contributors or licensors of eBranding.com.au make any express or implied representation or warranty about the eBranding.com.au website and its content (including domain name listings) or related services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the eBranding.com.au website or related to services provided by eBranding.com.au, including any third party material and advertisements displayed on the eBranding.com.au website;
- costs incurred as a result of you using the eBranding.com.au website or related services; and
- the eBranding.com.au website or related services in respect to links which are provided for your convenience.
9 – Limitation of liability
9.1 – eBranding.com.au’s total liability arising out of or in connection with the eBranding.com.au website and related services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the cost of resupplying the relevant services to you.
9.2 – You expressly understand and agree that eBranding.com.au, its affiliates, owners, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10 – Indemnity
10.1 – You agree to indemnify eBranding.com.au, its affiliates, owners, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content or material provided or uploaded by you in relation to the eBranding.com.au website and/or services;
- any direct or indirect consequences of you accessing, using or transacting on the eBranding.com.au website or attempts to do so; and/or
- any breach of the Terms and Conditions.
11 – Venue and jurisdiction
11.1 – In the event of any dispute arising out of or in relation to the eBranding.com.au website and/or services provided by eBranding.com.au, you agree that the exclusive venue for resolving any dispute shall be in the Courts of Tasmania, Australia. You agree to waive any right to object to an action being brought in the Courts of Tasmania, Australia (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).
12 – Governing Law
12.1 – The Terms and Conditions are governed by the laws of Tasmania, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Tasmania, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms and Conditions shall be binding to the benefit of the parties hereto and their successors and assigns.
13 – Severance
13.1 – If any part of these Terms and Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms and Conditions shall remain in force.
14 – Terms and Conditions for approved marketplace sellers
14.1 – The Terms and Conditions in sections 14 to 22 apply to approved marketplace sellers. The Terms and Conditions in sections 1 to 13 apply to all users of eBranding.com.au, including approved marketplace sellers.
14.2 – Approved marketplace sellers are eBranding.com.au account holders that have listed, or intend to list, domain names on eBranding.com.au.
15 – Eligibility requirements for listing domain names on eBranding.com.au
15.1 – The eBranding.com.au marketplace is currently open to third party sellers by invitation only. Approved marketplace sellers will be given access to our marketplace platform to list their domain names.
16 – Responsibility for listing content
16.1 – You (an approved marketplace seller) are solely responsible for the content of your domain name listings, including any errors or omissions.
17 – Trade marks and other intellectual property
17.1 – eBranding.com.au account holders (approved marketplace sellers) must own or have permission to use any trade marks, logos or brands that are included in their domain name listings.
18 – No material that is misleading or deceptive; materially incorrect; or otherwise unlawful
18.1 – Domain name listings must not contain material that is misleading or deceptive; materially incorrect; or otherwise unlawful.
18.2 – Approved marketplace sellers that breach these requirements will have their account(s) terminated and any associated listings will be deleted.
19 – Listings must be accurate, current and complete
19.1 – Domain name listings must be accurate, current and complete.
20 – Content provided to us
20.1 – In consideration of granting you access to the use of the eBranding.com.au website and/or related services, you grant us an irrevocable, perpetual, world-wide, royalty free licence to publish, copy, use and adapt for any purpose related to the eBranding.com.au website and services, any content that you provide to us. This licence survives termination of any agreements or contracts between you and eBranding.com.au, including these Terms and Conditions.
21 – We reserve the right to decline, amend or remove domain name listings
21.1 – We reserve the right to decline, amend or remove your domain name listings; if we deem that your listings are in breach of, or are likely to breach, these Terms and Conditions.
22 – Fees
22.1 – Our current listing fees are outlined on our Pricing page:
22.2 – We reserve the right to charge fees for any services provided by eBranding.com.au. We also reserve the right to make changes to existing fees.
22.3 – We will notify you at least 30 days in advance of any new fee or any changes to existing fees. You may terminate your account and/or use of services provided by eBranding.com.au prior to these changes taking effect, if you deem these changes to be detrimental.