1. TERMS AND CONDITIONS
Welcome to Brunei buy and sell, Brunei’s own online trading community. These terms and conditions are intended to help keep Brunei buy and sell a safe place to trade.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Brunei buy and sell offers you access to the Services and the Website. By registering as a member of Brunei buy and sell you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: As Brunei buy and sell operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. We will communicate all changes by Site Announcement. Occasionally, we may make urgent changes, but will generally give you at least two weeks’ notice to review these changes, for significant changes we will notify you directly via email. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated 24 September 2018.
1.3 Terminology:In these terms and conditions, the following expressions have the meanings set out:
‘auctions’ include listings with a ‘buy now’ only price;
‘item’, ‘items’ means goods or property that may be bought or sold through the auction or classified process;
‘member’ means a registered member of Brunei buy and sell;
‘Member Service(s)’ means a trade or business service that has been advertised by a Brunei buy and sell member in the Services Category;
‘Services’ means any one or more of the services offered by Brunei buy and sell including online auctions, classifieds, message boards, sms alerts and any other service that Brunei buy and sell may offer;
‘Services Category’ means the category on the Brunei buy and sell homepage where members can list services;
‘we’, ‘us’ and ‘our’ are a reference to Brunei buy and sell
‘you’ and ‘your’ are a reference to you;
‘Website’ means any Brunei buy and sell website through which the services are offered;
‘listing’ means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item, service or job, whether by auction or classified;
‘seller’ includes any person placing a listing.
2. SPECIFIC WARNINGS
2.1 The Services: Brunei buy and sell provides a venue to introduce members who want to buy and sell items. Brunei buy and sell does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members. As a result, even though some of the Services are being referred to as an auction, Brunei buy and sell is not an auctioneer.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Brunei buy and sell takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Brunei buy and sell gives no undertakings, representations, or warranties in relation to items sold or listed on the Website:
- about ownership of any item;
- as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;
- as to the accuracy or truth of listings;
- about the ability of members to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand and agree that:
- your use of the Services is at your sole risk. The Website and Services are provided on an “as is” and “as available” basis.
- no advice or information that is obtained by you from Brunei buy and sell or anyone else shall create any warranty by Brunei buy and sell that is not expressly stated in the terms and conditions; and
- responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Brunei buy and sell’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
- while Brunei buy and sell may facilitate payment for some items by credit card, Brunei buy and sell is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Brunei buy and sell to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member’s acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Brunei buy and sell ‘s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of Brunei buy and sell message boards, your sale or attempted sale of an item prohibited under clause 4.2(f)
2.6 Breach: Without limiting any other rights and remedies available to Brunei buy and sell, Brunei buy and sell may limit your activities on the Website, remove your bids, listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions, in particular, your obligations under Clause 4, or where Brunei buy and sell considers it appropriate.
3 BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you are resident Brunei (unless specifically authorised by us in writing) and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Brunei buy and sell to ensure it is kept current at all times. Brunei buy and sell may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Brunei buy and sell discretion, you may create a business membership in addition to your personal membership.
3.3 Termination of membership: Brunei buy and sell reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Brunei buy and sell may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. When limiting your activities on the Website Brunei buy and sell may consider offsite conduct such as prior criminal convictions, insolvency, or any other conduct that puts our community or systems at risk. In the event of termination, you also agree that you will not open or attempt to open any new Brunei buy and sell memberships. You may at any time close your Brunei buy and sell membership by giving us three days’ notice in writing. If you close your membership, or if it is terminated by Brunei buy and sell, your ability to use the Brunei buy and sell website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
- not to permit any other person to use your user name or membership; and
- not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
3.5 Emails and newsletters: Brunei buy and sell will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Brunei buy and sell products and Services to you. Brunei buy and sell may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
3.6 Other ways to access Brunei buy and sell and Brunei buy and sell -related data: Brunei buy and sell provides an application programming interface (API) to enable software to interface with the Website. The API enables developers to build new applications for our members to use. We use it ourselves to power our mobile applications. As a result, information you publish on Brunei buy and sell may be accessed through the API and may appear in other places such as applications or websites. Also, if you grant an application permission to access your Brunei buy and sell account, that application will be able to access information that you can see when you are logged in to Brunei buy and sell. If someone is using an application to access Brunei buy and sell and trades with you, that application may be able to access information that you provide to the other person during the trading process, such as your email and delivery address.
4. GENERAL RULES
- All listings, bids or communications made through Brunei buy and sell shall be made in good faith.
- You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
- You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
- You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the Brunei buy and sell message boards.
- Not withstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Motors.
- You must list auctions and classifieds in Brunei dollars in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
- You must not complete a transaction outside of the Brunei buy and sell process or otherwise seek to avoid Brunei buy and sell’s success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Brunei buy and sell suspending or terminating your membership at the discretion of Brunei buy and sell.
- You are responsible for any actions taken through your membership. Brunei buy and sell memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from Brunei buy and sell.
4.2 Your obligations as a seller
- Sellers must be located in Brunei. Sellers outside of these countries are not permitted to sell on Brunei buy and sell, unless specifically authorised in writing by Brunei buy and sell.
- You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. Unless you purchase a second category, you must list an item in one category only which must be the most appropriate category for your item. If your item is likely to attract any other costs, such as customs duty for buyers in Brunei, you must ensure that this is clearly indicated in your listing.
- You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where Brunei buy and sell has approved otherwise in writing. In the case of motor vehicles that are offshore, they must be in transit to Brunei, and you must be a registered motor vehicle trader, and hold clear authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing.
- You may only sell bookings and tickets in our Travel, Events & Activities Category. All flight tickets, accommodation and travel packages must be able to be transferred into the buyer’s name from within Brunei (either directly with the airline, service provider, or via a travel agent).
- All listings must comply with Brunei law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law.
- When you list an item for auction on Brunei buy and sell, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
- Brunei buy and sell classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job.
- Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use Brunei buy and sell listings to promote a business or website other than one for sale in your listing.
- You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid or similar schemes.
- You must not manipulate prices through shill-bidding or assuming multiple roles in a single transaction.
- For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
- For classifieds, you may choose to sell to any buyer at your discretion.
- You may not list adult rated content (videos, magazines, DVD’s, etc). Adult content involving pornography or the like will be removed.
- Listings are not pre-screened for content. Brunei buy and sell reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
- You agree to your email address being provided to the buyer when your auction closes.
- You must promptly forward the listed item to the successful buyer on completion of the transaction.
- You must not charge unreasonable amounts for shipping and packaging costs.
- To help maintain quality listings, Brunei buy and sell reserves the right to suspend sellers who list over 500 auctions per week where the sell through rate of these auctions averages less than 10% over four weeks. Sell through rate is calculated as the auctions sold divided by auctions listed, not including classifieds.
4.3 Your obligations as a buyer
- You must be located in Brunei to buy on Brunei buy and sell. People outside of these countries are not permitted to purchase items on Brunei buy and sell.
- Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
- If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
- You must make full and prompt payment for any item you buy.
- You agree to your username and the amount of your bid being publicly shown on the Brunei buy and sell Website. You also agree to your email and delivery address being provided to the seller when you win an auction, and to your email address and username being provided if you send an email through a classified.
- If your bid is successful and you do not pay for the item, you will receive a warning from Brunei buy and sell if the seller complains about you. After 3 such complaints, Brunei buy and sell may suspend or terminate your membership.
- You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction.
- Feedback is provided for the purpose of facilitating trading between members on the Brunei buy and sell Website. Feedback you provide on other members must not contain offensive, defamatory, retaliatory or inappropriate language or content. Brunei buy and sell may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate.
- You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
- You must not post feedback about yourself or include any contact details or personal information in your feedback.
5 FEES AND ACCOUNTS
5.1 Brunei buy and sell Listing Fees and Success Fees
- Brunei buy and sell at this stage does not charge fees for the use of the Website as a venue. However it reserves the right to implement these at a future date. All members will be notified when this occurs
- Brunei buy and sell reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
- Brunei buy and sell reserves the right to investigate queries regarding the refund of success fees with bidders, other members and any other relevant party.
- Before listing an item, you should review Brunei buy and sell’s fees to ensure you are aware of the fees that you will incur.
- You must pay the fees immediately upon demand by Brunei buy and sell.
6 GENERAL PROVISIONS
6.1 System Integrity: Brunei buy and sell will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Brunei buy and sell takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Brunei buy and sell assumes no responsibility for the corruption of any data or information held by Brunei buy and sell.
6.2 Resolution of disputes: As Brunei buy and sell is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Brunei buy and sell in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 i (i). If you wish to take Disputes Tribunal (or other) proceedings against another member, you can contact Brunei buy and sell for a statutory declaration form, which must be completed before we will consider releasing anyone else’s information to you. You may only request contact details for the sole purpose of making a claim.
6.3 Brunei buy and sell Message Boards: Brunei buy and sell provides Message Boards for the use of Brunei buy and sell members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. Brunei buy and sell is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
6.4 Force Majeure: Without prejudice to clause 2.3(a), Brunei buy and sell has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Brunei buy and sell to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Brunei buy and sell.
6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.7 Governing Law: These terms and conditions are governed by the laws of Brunei Darussalam.
6.8 Intellectual Property Rights: Brunei buy and sell (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
- You may not without our prior written permission, in any form or by any means:
- Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
- Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.