Conditions of Use & User Access Agreement
Conditions of Use
- VK2CA owns, runs, maintains and pays for this site and as such has ultimate discretion over who uses and what does or does not appear on this site at all times. I wish only to provide a service to my fellow hams and try very hard to be fair, at all times, to everyone whilst doing this. I WILL NOT engage in any correspondence regarding the administration of this site so DO NOT expect a reply if you email in this regard!
- If you have a problem with another buyer/seller etc then apply some Ham spirit amongst yourselves and work it out amicably! Remember this is a HOBBY! If you still have a problem.....sorry, but refer Rule 1.
- Adverts to purchase amateur transmitting equipment MUST include a valid amateur licence callsign. Your advert WILL be deleted without notice if this is not included in the text of the advert.
- If you do not hold a current Amateur Radio license then you are not permitted to advertise to purchase Amateur Radio (ham) transmitting equipment using this site. Again your advert WILL be deleted without notice if this is the case.
Supply of Non-Compliant radios - (As advised by the ACMA) - Please read carefully! - Adverts deemed to be in breach will be removed immediately and without notice.
- Supply of non standard radio communications devices is an offence under Section 160 of the Radio Communications Act 1992, and can attract substantial penalties of 120 penalty units for an individual, or otherwise 1500 penalty units (currently 1 penalty unit = $110). Operation and possession of non-standard radio communications devices are also offences under sections 157 and 158 of the Act. Non standard devices have the potential to cause harmful interference to licensed radio communications services.
- Amateur Radios that are designed and limited to cover amateur radio bands only do not have to meet Australian standards, however, if the radio covers frequencies, or has been modified to cover frequencies outside of internationally recognised amateur bands, then it must meet the standards for equipment operating in those bands, as well as carry the appropriate regulatory compliance marking. As such, equipment which does not meet these standards is defined as non-standard equipment.
- Suppliers also have an obligation under section 301 of the Act to ensure that equipment is not supplied to anyone who is not appropriately licensed to operate or possess the device.
- Adverts are to be for radio related items, or of relevance to the Amateur Radio community (mobile phones etc are NOT amateur radio equipment! Adverts for these types of items will be deleted without notice)
- Adverts containing links to items for sale on Ebay or other auction sites are not allowed (why would you pay there when this is FREE?)
- All phone numbers will be regarded as "after hours" unless otherwise stated.
- This service is for private sales/purchases only (unless by arrangement with ) and the need to ensure that the items offered are suitable, free of any encumbrance or in working order or not, is purely the responsibility of the purchaser i.e.: BUYER BEWARE!
- ITEM DESCRIPTIONS - items should not be described as "Brand New", but as "as new", "unused", "never opened" or "still in original packaging" etc. as only authorised dealers can claim that an item is Brand New.
- SOLD ITEMS - Items that have been sold should NOT be marked as Sold or Sold - Pending Payment etc - they should be removed from the system immediately
- VK Classifieds is NOT for commenting about other people or businesses - either complimentary or derogatory, thanking people, looking for people or any other type of announcement (other than events which have their own category)! Newsgroups are for this activity. Your adverts will be deleted without notice if this occurs.
- No responsibility will be accepted by , VK Classifieds or VKHam.com for goods advertised in these pages. Individuals, Companies and/or agencies advertising with VK Classifieds agree to INDEMNIFY VK Classifieds, VKHam.com, its Webmaster and agents against all claims, demands, proceedings, costs, expenses, damages, awards, judgements and any other liability whatsoever, wholly or partially arising directly or indirectly in connection with copyright, infringement of trade marks or unfair competition, breach of trade practices or fair trading legislation.
- Advertisers also WARRANT that the information provided in their adverts complies with all relevant laws and regulations concerning copyright, infringement of trade marks or unfair competition, breach of trade practices or fair trading legislation and that their display will not give rise to any claims against or liabilities to VK Classifieds (vkclassifieds.com.au), VKHam.com, its Webmaster and agents without limiting the generality of the foregoing, that nothing therein is in breach of any laws or regulations.
- COMMERCIAL ADVERTS - These are subject to charges and also by the "Commercial Conditions of Use" and both must be completed before placing adverts on this site on a commercial basis. All commercial adverts are to be placed in the "COMMERCIAL" category only. The fees and conditions can be found here and are renewable each calendar year.
- EVENTS - This category is only to be used to advertise upcoming events such as Field Days, Club meetings, Contests or any other activity that may be of interest to the radio community. It is NOT intended to be used to air personal views or opinions.
- MISSING ITEMS - This category is to list items which are missing/stolen only. Please list a complete description of your equipment, with photo if available, along with the serial numbers etc and any identifying marks or scratches that may help people identify your equipment if they are offered it for sale etc. Please remember to delete or renew your listing if the item is recovered etc. (this category is also subject to the automatic 30 day time limit) Please do NOT use this category to make accusations as to who you think may have taken your equipment etc.
- SCAM INFORMATION AND WARNINGS HERE - Please use either Google Groups (aus.radio.amateur.misc) or SCAM Watch (Australian Government site) - both good sites for this kind of information to be listed and discussed. This is not a forum for this information,
If any of the Conditions of Use or Guidelines are not acceptable to you then simply - DO NOT use this site!
*Persistent failure to adhere to the "Conditions of Use" and "Guidelines" of this service will result in your permission to use this system being revoked without notice (as per Item 4 of the Access Agreement).
VK Classifieds Access Agreement
1. User Rights and Responsibilities
1.1 Access to the VK Classifieds.You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the VK Classifieds and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the VK Classifieds.
1.2 User Conduct.You agree to access and use the VK Classifieds only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the VK Classifieds, including any Interactive Area, (ii) the use of any networks or other services connected to the VK Classifieds, and (iii) the communications means by which you connect your modem, computer, or other equipment to the VK Classifieds. By accessing the VK Classifieds, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the Interactive Features;(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.(4) post or transmit any information, software or other material which contains a virus or other harmful component;(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the VK Classifieds;(6) disrupt the normal flow of communication in an Interactive Area;(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;(8) violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 VK Classifieds content.(a) You acknowledge that Content on the VK Classifieds is generally provided by the VK Classifieds, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that the VK Classifieds permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the VK Classifieds owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "The VK Classifieds" and its URL address. You acknowledge that the VK Classifieds, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the VK Classifieds only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the VK Classifieds, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the VK Classifieds the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the VK Classifieds to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
3. Interactive AreasYou acknowledge that the VK Classifieds may include various interactive areas ("Interactive Areas"), including but not limited to classified ads. These Interactive Areas allow feedback to the VK Classifieds and real-time interaction between users. You further understand that the VK Classifieds does not control the messages, information, or files delivered to such Interactive Areas and that the VK Classifieds may offer you and other Users the capability of creating and managing an Interactive Area. However, neither the VK Classifieds, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the VK Classifieds cannot, and does not intend to, screen communications in advance. Moreover, because the VK Classifieds encourages open and candid communication in the Interactive Areas, the VK Classifieds cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The VK Classifieds is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the VK Classifieds has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, the VK Classifieds may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The VK Classifieds reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written VK Classifieds policy in effect at that time, (ii) be harmful to the rights of any User, the VK Classifieds, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
4. TerminationThe only right with respect to dissatisfaction with any policies, guidelines, or practices of the VK Classifieds in operating the VK Classifieds, or any change in Content, is for you to discontinue accessing the VK Classifieds. The VK Classifieds may terminate or temporarily suspend your access to all or any part of the VK Classifieds, without notice, for conduct that the VK Classifieds believes is a violation of this Agreement or any policies or guidelines posted by the VK Classifieds, or for other conduct which the VK Classifieds believes, in its sole discretion, is harmful to the VK Classifieds or other Users. The VK Classifieds may discontinue operating the VK Classifieds and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the VK Classifieds, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the VK Classifieds, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability5.1 Links. You understand that except for Content, products or services expressly available at the VK Classifieds, neither the VK Classifieds, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the VK Classifieds. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the VK Classifieds or controlled by the VK Classifieds. The VK Classifieds neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the VK Classifieds, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither the VK Classifieds, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the VK Classifieds or your inability to access the Internet or any site linked to or from the VK Classifieds.5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on the VK Classifieds. It is the policy of the VK Classifieds not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE VK Classifieds IS AT YOUR SOLE RISK. NEITHER THE VK Classifieds NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE VK Classifieds OR ANY INTERNET SITE LINKED TO OR FROM THE VK Classifieds WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VK Classifieds OR ANY INTERNET SITE LINKED TO OR FROM THE VK Classifieds OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE VK Classifieds OR ANY SITE LINKED TO OR FROM THE . THE VK Classifieds IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE VK Classifieds, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE VK Classifieds, OR ANY INTERNET SITE LINKED TO OR FROM THE VK Classifieds, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.UNDER NO CIRCUMSTANCES SHALL THE VK Classifieds, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE VK Classifieds OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE VK Classifieds. THE CONTENT WITHIN THE VK Classifieds AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE VK Classifieds MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE VK Classifieds AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE VK Classifieds AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE VK Classifieds IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY VK Classifieds SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE VK Classifieds, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VK Classifieds.
6. IndemnityYou agree to indemnify and hold the VK Classifieds, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the VK Classifieds or any Internet site linked to or from the VK Classifieds, or in connection with the transmission of any Content on the VK Classifieds.
7. MiscellaneousThis Agreement comprises the entire agreement between the VK Classifieds and you, and supersedes any prior agreements with respect to the subject matter herein. The VK Classifieds may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the VK Classifieds. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the VK Classifieds. Your continued accessing and use of the VK Classifieds following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the VK Classifieds to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of the VK Classifieds, excluding its conflict of laws rules, and you and the VK Classifieds each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the VK Classifieds have been done strictly for clarification and identification and does not constitute endorsement by the VK Classifieds of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the VK Classifieds by such trademark, service mark or link owner.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
*By registering and using this site You signal your understanding and agreement of the Conditions of Use and acceptance of the Access Agreement of this service.