User Agreement

1. Introduction

Welcome to NameIt.Auction. By using the nameit.auction website, you agree to the following terms with NameIt. If you have any questions, please email us at [email protected].

Auctionly Pty Ltd ABN 24 635 682 236 of Unit 6, 72 – 78 Carrington Street, Adelaide, SA, 5000 its assigns, related entities, licensees or agents.

In this User Agreement, our entity is individually and collectively referred to as “NameIt”, “NameIt Auction”, “we” or “us”.

2. Scope

Before using the Name It Auction services, you must read and accept all of the terms in, and linked to, this User Agreement (“Agreement”) and the NameIt Auction Privacy Policy. 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 NameIt services, or when you use the tools we make available to interact with the NameIt services.

3. Using NameIt

While using the NameIt 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
• use the NameIt services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the NameIt 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 NameIt;
• 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 NameIt);
• transfer your NameIt 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 NameIt or the interests or property of NameIt users;
• export or re-export any NameIt tools except in compliance with the export control laws of any relevant jurisdictions;
• copy, modify or distribute rights or content from the NameIt services or NameIt’s copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.

4. Abusing NameIt

NameIt 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.

We work 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 us and we will investigate.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the NameIt 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. 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 NameIt 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 NameIt, you may be liable to pay a final value fee applicable to that item.

5. Fees and services

Joining NameIt and bidding on listed items is free. We do charge fees for using other services, such as subscriptions to list items. The fees we charge for using our Services are listed on our fees page

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 NameIt 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 NameIt services, even if sales terms are finalised or payment is made outside of NameIt. 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 NameIt, you will be liable to pay a final value fee applicable to that item. 

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. In addition, you will be subject to failed payment fees. In the event that your payment method fails or your payment is past due, we may also limit or suspend the services which NameIt provides to you, including by not displaying your listings.

6. Content

When you upload content to the NameIt 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 NameIt and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“NameIt Auction 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 NameIt and the NameIt 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.

7. Trading on NameIt 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 NameIt 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, 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. 

When you enter into a transaction you create a legally binding contract with another user. 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 NameIt – are responsible for enforcing any rights that you may have.

You alone, and not NameIt, 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 NameIt 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 NameIt services.

To the extent that NameIt is able to limit the remedies available under this Agreement, NameIt 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.

8. Release

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.

9. Breach

Without limiting other remedies available to NameIt 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 subscription 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.
• you have, or we believe that you have, breached the conditions of our chosen third party payment processing provider.
• 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. Refunds

Buyers can request a refund or report that the purchased implementation of a listing was not executed by emailing [email protected]

If the buyer is requesting to refund an item for “change of mind” (or “remorse”) reasons, the seller’s refund policy as stated in the listing will apply – including which party is responsible for return postage costs if any. Sellers may exercise their discretion to accept or deny a remorse refund request if it falls outside their return policy.

As a seller, you authorise and instruct us:

• 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 NameIt.

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.

You must have a payment method on file with eBay and you may change this payment method at any time. If you do not provide eBay with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies and to deduct the outstanding amount from the proceeds of sales that may be on hold.

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 NameIt or deduct the outstanding amount from the proceeds of sales held on your behalf.

11. Access and interference

Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to NameIt by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the NameIt 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 NameIt 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 other measures we may use to prevent or restrict access to the sites.

12. Listing conditions

By listing an item on NameIt’s sites, you agree to pay NameIt’s subscription 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 NameIt’s sites, your listing will be posted on NameIt’s sites and can be viewed under My Account.
• Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so NameIt can’t guarantee exact listing durations.
• Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords and price, Feedback and detailed seller ratings.
• Your listing will, at all times, comply with NameIt rules and policies, including listing rules.

13. 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 NameIt. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office, your local tax or customs authority, or seek independent tax advice.

Sellers must include and cover all applicable taxes in their listing price. If you need a tax invoice showing the GST component for an auction you won, please contact the seller.

14. Closing your account

You may close your NameIt 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.

15. Privacy

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 NameIt Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in Australia that are protected by physical as well as technological security devices. You can access and modify the information you provide us. For a complete description of how we use and protect your personal information, see the NameIt Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Privacy of Others; Marketing

If NameIt 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.

16. Indemnity

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 NameIt services.

17. No agency

NameIt is not your agent for any purpose in relation to this Agreement or your use of the NameIt services.

18. Notices

Legal notices must be served on Name It’s registered agent (in the case of NameIt) or to the email address you provide to NameIt 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 a case, notice will be deemed given three days after the date of mailing.

Any notices to Namet’s registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) to Auctionly Pty Ltd, Unit 6, 72 – 78 Carrington Street, Adelaide, SA, 5000.

19. Legal disputes

If a dispute arises between you and NameIt, 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 NameIt’s registered agent in accordance with the above clause. 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 South Australia. 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 NameIt irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia, Australia.

20. General

NameIt is an online entity with no physical location.

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 nameit.auction We will also notify you of any material amendments through the website 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 14 of this Agreement.

This Agreement contains the entire understanding and agreement between you and NameIt. 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.