Terms

Platform Terms and Conditions

The terms of this document govern the relationship between SELL IT BUY IT Pty Ltd ABN 19 691 314 191 (SIBI, we, us, our) and you in respect of your use of the Platform, including for the sale or purchase of Listed Items through the Platform.

Your entitlement to access and use the Platform is conditional upon you agreeing to the terms set out in this document (terms). By using the Platform you are considered to have accepted these terms. If you do not agree with or otherwise do not wish to accept these terms, do not use or access the Platform.

We may amend these terms from time to time without notice to you. Any changes will not apply retrospectively, amend any previous agreement we have with you, or apply to any Listed Item that has been listed on the Platform prior to that change.

If you are under the age of 18 years old, you are not permitted to use the Platform or create an account. The Platform is for use within Australia. If you are not located within Australia, you must not use the Platform.

1. Using the Platform

1.1 Our role

(a) SIBI operates the Platform to connect sellers with potential buyers and facilitate the sale of products. This includes facilitating payments, shipping, and communications between the Seller and Buyer.

(b) The products available through our Platform are listed by third party sellers and, unless otherwise stated, are not owned or sold by SIBI.

(c) By making a purchase through the Platform, you enter into an agreement directly with the Seller of the product on the basis set out in these terms. You are not agreeing to purchase the product directly from SIBI.

(d) SIBI retains all right, title and interest to all Intellectual Property rights subsisting in the Platform, including any updates to the Platform.

(e) You acknowledge and agree that:

(i) we are not under any obligation to provide updates or new features for the Platform;

(ii) future updates may be added which include optional paid features; and

(iii) updates may add, remove, modify or otherwise alter features of the Platform.

(f) We do not guarantee that the Platform will be secure or free from bugs or viruses or function without interruption or errors. To the extent permitted by law, the Platform is provided on an 'as is' and 'as available' basis. You are responsible for the computing devices and systems you use to access the Platform.

1.2 Items listed on the Platform

(a) Although we use best efforts to verify the products and services sold through our Platform, the listings, including descriptions and images, are provided by the Seller.

(b) We do not accept any responsibility for the accuracy or content of posts or transmissions made by other users of the Platform or material obtained from another user and/or made available by another user.

1.3 Account

(a) To use the Platform, or parts thereof, you are required to create a user account.

(b) You must ensure that:

(i) all account information is accurate and kept up to date;

(ii) you do not register multiple user accounts; and

(iii) you do not allow other people to use your user account.

(c) From time to time, we may need to verify your identity, including to prevent fraud and comply with our legal obligations. If requested by us, you agree to take all reasonable steps required to verify your identity.

(d) You are responsible for protecting the confidentiality of your password. You acknowledge and agree that you will be responsible for any activities engaged in using your account if you allow a third party to access your account or fail to keep your account access details secure.

1.4 SIBI CASH

(a) Your SIBI CASH wallet, available to view when logged into your account, is where any SIBI CASH you have received is stored on your account. The SIBI CASH wallet is not a credit card, debit card, charge card or reloadable gift card, it is a digital record of any SIBI CASH that has been applied to your account;

(b) In your SIBI CASH wallet you will be able to see:

(i) consolidated balance of available SIBI CASH;

(ii) each SIBI CASH voucher that has been applied to your account, including SIBI CASH that has been purchased, obtained by using premium features or applied to your account as a store credit when you elect to receive SIBI Cash as a refund;

(iii) terms and conditions that apply to a SIBI CASH voucher.

(i) can only be used to make eligible purchases though the Platform;

(ii) is not refundable or transferrable (unless required by law) and cannot be redeemed for cash;

(d) We reserve the right to correct your SIBI CASH wallet if, acting reasonably, we identify an error with a transaction that has occurred. We may suspend SIBI CASH if we believe, acting reasonably, that use of your account or the SIBI Cash is fraudulent, is in breach of these terms or involves unlawful or suspicious activity.

(e) Each SIBI CASH voucher applied to your account is:

(i) treated as a separate voucher that can be applied to a purchase and such voucher is reduced by the amount of that voucher that has been applied to the purchase;

(ii) subject to the applicable terms and conditions set out in Schedule 1, unless other terms and conditions are notified to you when you acquired that voucher.

1.5 User responsibilities

(a) You agree that you must, when using the Platform,

(i) act honestly and in good faith, including during communications with other users and when entering into transactions;

(ii) ensure all communications are respectful, including communications with us and other users, and are not abusive, threatening or inappropriate; and

(iii) ensure you only use the Platform for its intended purpose and in accordance with these terms and applicable laws.

(b) You must not:

(i) attempt to disrupt the normal operation of the Platform;

(ii) use the Platform in way that may interfere with or manipulate auctions, bids, offers or pricing;

(iii) bypass or attempt to bypass the Platform to complete transactions outside to avoid fees or protections;

(iv) post or transmit any material which contains viruses or other computer code, files or programs which are designed to limit or destroy the functionality of the Platform and any other computer software or hardware;

(v) attempt to gain unauthorised access to the Platform or otherwise copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, or any part thereof;

(vi) use the Platform to create, post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, amounts to harassment or is otherwise objectionable;

(vii) make any automated use of the Platform;

(viii) impersonate any other person in using the Platform; or

(ix) use the Platform in connection with the actual or attempted contravention of any applicable laws.

(i) SIBI to send you notifications about your account activity and the Platform, including auction outcomes, payment deadlines and reminders, BUY IT NOW Offers and transaction status updates; and

(ii) you to communicate with other users about transactions through the Platform.

(d) You acknowledge and agree that:

(i) you are responsible for monitoring MY INBOX and responding to any messages;

(ii) ensuring that your contact details are kept up to date; and

(iii) SIBI is not responsible for any loss resulting from:

(A) your failure to review or respond to successfully delivered messages through MY INBOX; or

(B) your failure to keep your contact details up to date.

1.6 Materials

(a) You acknowledge and agree that:

(i) any information or material submitted by you when using the Platform, including through MY INBOX, will be treated by us as non-confidential and non-proprietary and we can use such material without restriction or compensation to you or any other party;

(ii) you grant SIBI a perpetual, irrevocable, licence-fee free, royalty free, worldwide, non-exclusive, sub-licensable right to use any Intellectual Property and other information or material created or submitted by you using the Platform;

(iii) you must not use the Platform to post or transmit any unsolicited advertising or promotional material; and

(iv) you must not post or transmit any Intellectual Property or other material owned by another person.

(b) You warrant and represent that all material posted is original work and not sourced from any third party, and that you are the sole owner of all associated Intellectual Property;

2. Purchasing through the Platform

2.1 Auction terms

(a) The listing for a Listed Item sets out the details of the auction, including the current order status, end time and current highest bid.

(b) A user may submit an offer to buy a Listed Item if there are no current bids for that Listed Item using MAKE AN OFFER TO BUY IT NOW (BUY IT NOW Offer). The Seller may accept a BUY IT NOW Offer within 24 hours, provided no bids have been placed before acceptance. If the BUY IT NOW Offer is declined by the Seller or otherwise lapses another offer can be made.

(c) If a bid is placed on the Listed Item, including before acceptance of a BUY IT NOW Offer, the auction commences and any current BUY IT NOW Offer is automatically rejected. Once an auction has commenced, BUY IT NOW Offers cannot be made.

(d) If a BUY IT NOW Offer has been accepted by the Seller, the auction automatically ends on acceptance. Otherwise, an auction ends at the time specified in the listing. SIBI will confirm, through the Platform, that an auction has ended.

(e) Except where the Listed Item is sold under a BUY IT NOW Offer, at the end of the auction for a Listed Item:

(i) if the highest bid is above the Reserve, the Listed Item is sold to the user with the highest bid;

(ii) if the Reserve is not met, the Seller may (in their sole discretion) offer the Listed Item to the highest bidder at that bidder's highest bid price; or

(iii) if the Listed Item is not sold to the highest bidder, the Seller may offer the Listed Item to the next highest bidder (Second Chance Offer).

(f) A listing for a Listed Item will automatically lapse if:

(i) there are no bids for the Listed Item at the end of the auction period;

(ii) a post-auction offer made to the highest bidder is declined or is not accepted within 5 days of the Seller making the offer; or

(iii) a Second Chance Offer is declined or is not accepted within 2 days of the Seller making the Second Chance Offer.

2.2 Purchase of Listed Item

(a) When a Listed Item is sold through the Platform, the Seller and Buyer agree that an agreement is formed between the Seller and the Buyer on these terms (Sale Agreement).

(b) The Sale Agreement is formed:

(i) for Listed Items sold through a BUY IT NOW Offer, when that BUY IT NOW Offer is accepted by the Seller;

(ii) for Listed Items won at the end of an auction, at the end time for the relevant auction; or

(iii) for Listed Items offered to a user (including a Second Chance Offer), at the time the offer is accepted by the Buyer.

(c) A Seller may, by giving notice through the Platform, terminate a Sale Agreement if the Buyer does not complete the payment for the Listed Item in accordance with these terms.

(d) We are unable to change the details of a Sale Agreement once it has been agreed. If you need to make a change to the sale of the Listed Item, please contact us as soon as possible so we can assist in resolving any issues.

2.3 Title and risk

(a) A Listed Item is not sold until full payment has been received by SIBI on behalf of the Seller.

(b) Title and risk in the Sold Item pass from the Seller to the Buyer on the date:

(i) when that title is deemed to have transferred under any applicable law; or

(ii) subject to clause 2.3(b)(i), as set out in the listing; or

(iii) if clauses 2.3(b)(i) and 2.3(b)(ii) do not apply, upon the earlier of the following:

(A) our shipping partner confirms that the Sold Item has been delivered to the Buyer; or

(B) the Buyer takes possession of the Sold Item.

2.4 Shipping

(a) Sold Items will be delivered using our third-party shipping partner.

(b) The Seller must post the Sold Item using the shipping labels generated through the Platform.

(d) We will attempt to facilitate delivery of a Sold Item as soon as possible. Delivery timeframes are estimates only and may change due to circumstances outside of our control, including due to delays caused by the Seller or our delivery partner.

3. Payments

3.1 Prices listed on the Platform

(a) All prices are displayed in Australian dollars and include GST (if applicable), unless otherwise stated.

(b) Payment can be made through one of the payment methods available at checkout from time to time. We may use third party payment providers, and you may need to register an account with that provider to use the payment gateway and comply with any applicable terms.

(c) If a transaction is not successfully processed, we will arrange for a refund to be paid to you for any payments relating to that transaction. Refunds may be processed through the third-party payment provider.

(d) Any available SIBI CASH that can be applied to a purchase will be displayed at checkout. You must be signed into your account to use SIBI CASH. If your current SIBI CASH cannot be applied to a purchase, it will not be shown at checkout.

3.2 SIBI Features

(a) From time to time, we may make additional features or products available for use on the Platform, including premium paid features or products (Premium Features).

(b) You acknowledge and agree that some Premium Features require you to pay SIBI the applicable fee before you can unlock that Premium Feature (Premium Feature Fee).

(c) If you are a Seller and you agree to purchase a Premium Feature for a listing, you acknowledge and agree that the applicable Premium Feature Fee:

(i) must be paid before the Premium Feature is unlocked; or

(ii) if permitted by SIBI, will be deducted from the Bid Price paid to you.

(d) Premium Features may be subject to additional terms and conditions, including as set out in Schedule 1.

4. Returns policy

4.1 Consumer rights

If you have purchased goods or services from SIBI directly, or if you are a Buyer and the Seller for a Sold Item is a Business Seller, the following applies:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

(i) to cancel your service contract with us; and

(ii) to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

4.2 Request for repair, replacement, refund or cancelation

(a) You can submit a return request for a Sold Item you have purchased in accordance with the process set out in clause 4.

(b) For any requests for returns or refunds in respect of items other than Sold Items (such as fees paid in respect of Platform features), please contact us through the Platform.

(c) Once a transaction has been completed, if you cancel or return the Sold Item, we will not provide you with a refund of the SIBI Service Amount for that Sold Item except as follows:

(i) refunds issued for Sold Items that do not comply with the Consumer Guarantees;

(ii) SIBI determines the Seller is at fault under clause 4; or

(iii) in exceptional circumstances, at SIBI's discretion.

(d) If you are entitled to a refund under these terms, the refund will be issued to the original payment method or as otherwise determined by the original third-party payment provider.

5. SIBI Dispute Policy

5.1 Agreement to engage in Dispute Program

By using the Platform, you agree:

(a) to resolve any disputes in relation to a Sold Item in accordance with this dispute policy;

(b) to act honestly and in good faith when participating in the resolution process;

(c) SIBI will be responsible for deciding, in its reasonable discretion, if a Buyer is eligible for a refund for the Sold Item; and

(d) SIBI's decision is final and binding on you.

5.2 Making a claim

(a) If you are a Buyer, you can open a dispute claim by contacting SIBI through the Platform and providing the following details to SIBI:

(i) reason for making the claim;

(ii) description of the issue; and

(iii) supporting evidence, such as photos, if relevant,

(Sold Item Dispute).

(b) You must raise a dispute:

(i) for Consumer Guarantees Law claims, within a reasonable period; and

(ii) for all other claims, within 7 days of notification that the item has been delivered.

(d) If the Buyer raises a dispute with the Seller outside of the Platform, the Seller may notify SIBI for further investigation.

5.3 Seller response

(a) SIBI will notify the Seller of a new Sold Item Dispute as soon as possible after it is submitted.

(b) If the Sold Item Dispute is accepted by the Seller, SIBI will finalise the dispute in accordance with clause 4.5.

(c) If the Seller disagrees with the claims made by the Buyer, the Seller may respond within 3 days of receiving the notification of the Sold Item Dispute with supporting reasoning and (if applicable) evidence.

(d) If a Sold Item Dispute is disputed by the Seller or the Seller fails to respond, the dispute will be escalated to SIBI for review and determination.

5.4 SIBI Dispute Resolution

(a) SIBI will act as a neutral mediator to attempt to facilitate a resolution between the Buyer and Seller in respect of the Sold Item Dispute

(b) You agree to provide any information that SIBI reasonably requests to try and resolve the Sold Item Dispute.

(c) If the Seller and Buyer cannot agree on a resolution, SIBI will make a determination based on the evidence provided by the Seller and Buyer.

5.5 Finalisation of Sold Item Dispute

(a) If SIBI determines that the Buyer is entitled to a full refund, SIBI may require the Buyer to return the Sold Item before a refund is issued.

(b) SIBI may, in its discretion, issue a partial refund for a Sold Item to compensate the Buyer or to cover the cost of repairs.

(d) SIBI may, acting reasonably reject a Sold Item Dispute if it has reason to suspect that the Buyer has made false or misleading statements or is misusing the dispute process.

6. Seller

6.1 Listings

(a) You must only list an item on the Platform if:

(i) you have title to the item (for items owned with another person, you must have the agreement of the co-owner before listing the item);

(ii) you have undisturbed possession of the item;

(iii) there are no hidden debts or charges related to that item; and

(iv) your listing complies with any applicable laws and the SIBI Listing Policy set out in Schedule 2.

(b) You acknowledge and agree that SIBI may remove your listing if the listing does not comply with these terms.

(c) You must not place a bid, or ask other persons to place a bid on your behalf, on your Listed Item (a 'vendor bid'). If we know or reasonably suspect that you placed a vendor bid, we will remove your listing.

(d) You must ensure that your listing, including descriptions and images, accurately describe the item and disclose any issues or faults.

(e) You can choose to allow Cash Sales on your items. If you allow Cash Sales, you are responsible for collecting payment from the Buyer. SIBI is not responsible for any arrangements between you and the Buyer in respect of Cash Sales.

6.2 Shipping

(a) Shipping Fees are calculated based on the information provided by the Seller. You must ensure that:

(i) you have provided accurate shipping information, including packaging dimensions, weight and handling requirements; and

(ii) Sold Items are packaged appropriately and, if appropriate, have been labelled with fragile.

(b) If you fail to provide the correct information for shipping, any additional shipping charges incurred by SIBI will be deducted from the amount paid to you under 5.3(a).

(c) SIBI is not responsible for damage caused as a result of inadequate packaging by the Seller or failure to identify fragile packages.

6.3 Price and payment

(a) Except for Cash Sales, the Bid Price, less any deductions permitted under these terms, will be paid to your nominated account within 4 business days after the transaction is marked as completed on the Platform.

(b) A transaction is marked as completed on the Platform when:

(i) for a Sold Item that is shipped, the Sold Item is confirmed as delivered by SIBI’s shipping partner; or

(ii) for a Sold Item that is collected, when collection of the Sold Item is confirmed through the Platform.

(c) If you agree to Cash Sales terms for a Listed Item, you must pay SIBI any additional fees required to be paid under these terms, including additional shipping charges.

(d) SIBI may, with notice to you, delay or withhold payment of the Bid Price if:

(i) the Buyer has made a Sold Item Dispute;

(ii) SIBI, acting reasonably, knows or suspects that a transaction may involve fraud, non-compliance or suspicious activity;

(iii) you are required to undergo additional verification; or

(iv) as otherwise required to comply with an applicable law.

(e) If the Bid Price has been delayed or withheld, SIBI will release the funds as soon as practicable after the relevant issue has been resolved.

6.4 Business Seller

We do not currently allow you to sell items if you are a selling the item as part of a business.

6.5 Completion

(a) The Seller must do all things necessary to ensure that the legal and beneficial title to the Sold Item is transferred to the Buyer to ensure that title passes to the Buyer on delivery of the Sold Item.

(b) The Seller agrees to provide any information or assistance reasonably requested by SIBI or the Buyer to allow the Buyer to have full use and enjoyment of the Sold Item.

7. Buyer

7.1 Placing a bid

(a) If you make a bid on a Listed Item, this clause 6 applies to you in respect of each bid.

(b) You acknowledge and agree that each bid is binding on you, and you agree that if you are the successful bidder you agree to purchase the Listed Item.

7.2 Pricing, fees and charges

(a) The Bid Price excludes the SIBI Service Amount and Shipping Fee.

(b) When you place a bid, we will show you the Bid Price and the price including the SIBI Service Amount (excluding Shipping Fee). The listing for the item will include the minimum shipping costs. To see the Shipping Fee, you will need to enter your delivery address.

(c) The total price of the Sold Item, including the SIBI Service Amount and Shipping Fee, will be displayed at checkout. The Shipping Fee will only be calculated once you have provided your delivery address.

7.3 Payment

(a) The Buyer must arrange for payment of the Sold Item within 48 hours of:

(i) notification that the Buyer is the winner of the auction;

(ii) the Buyer accepting a post-auction offer from the Seller;

(iii) the Buyer accepting a Second Chance Offer; or

(iv) notification that the Seller has accepted a Pre-Auction Bid.

(b) If the Seller and Buyer agree to Cash Sale terms for a Sold Item, payment for the Sold Item is deemed to have been made the purposes of clause 7.3(a) once the SIBI Service Amount is received by us. You are required to pay the balance within the period agreed with the Seller.

(c) If the Buyer fails to make payment for the Sold Item within the timeframe specified above, the Sale Agreement is automatically terminated and the Buyer is no longer entitled to purchase the Sold Item under that Sale Agreement.

(d) If the Buyer fails to make payment for a Sold Item, we may:

(i) record a non-payment against your account; or

(ii) restrict you from making bids on the Sold Item if it is relisted.

8. Suspension and termination of your account

8.1 Suspension and other actions

(a) If SIBI reasonably believes that your use of the Platform:

(i) is in breach of these terms and such breach may impact other users or the Platform,

(ii) has given rise to an unreasonable number of Sold Item Disputes; or

(iii) has involved making non-payment for Sold Items on repeated occasions,

we may:

(iv) notify you of the breach and request immediate rectification;

(v) apply a restriction to your account, including limiting features, until the issue is rectified;

(vi) remove your Listed Items;

(vii) cancel a bid or transaction for a Sold Item; and/or

(viii) suspend your account until the issue is rectified.

(b) If your account is suspended, we will reactive your account once you have rectified any issues.

8.2 Termination by SIBI

(a) SIBI may, acting reasonably, terminate your account immediately by giving notice to you if:

(i) you breach these terms and fail to rectify that breach within 7 days of being notified of the breach by SIBI;

(ii) you commit a material breach of these terms; or

(iii) your account has been inactive for a continuous period of more than 12 months.

(b) If your account is terminated, unless we otherwise agree, you must not access the Platform or create any further user accounts.

8.3 Termination by you

(a) You may delete your account by selecting the 'delete' account option in your account on the Platform. If you are unable to delete your account, please contact us.

(b) You will be unable to terminate your account in circumstances where your account is currently active, such as where:

(i) you have Listed Items for sale;

(ii) you have pending bids against a Listed Item;

(iii) you are yet to make payment for a Sold Item; or

(iv) you are party to a Sold Item Dispute.

9. Use of the Platform

9.1 Intellectual property and third-party content

(a) All material on the Platform, including the text, graphics, photographs, video, logos, branding, designs, pricing and products (Content) is owned by or licensed to us.

(b) You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with our prior written consent or to the extent permitted by law. We reserve all rights.

(c) The Platform may contain links to or display the content of third parties, including links to websites operated by other organisations and individuals (Third Party Content). We use all reasonable efforts to ensure that Third Party Content on our Platform is accurate.

(d) Unless expressly stated by us, we do not endorse, approve or make any warranty or claim regarding Third Party Content. We are not responsible for use of Third Party Content that is not on our Platform and your use of that Content is solely at your own risk.

10. Risk

(a) Nothing in these terms is intended to have the effect of excluding:

(i) the Consumer Guarantees, where applicable; or

(ii) any other applicable law that cannot be excluded, restricted or modified by agreement,

(collectively Non-Excludable Rights) or any remedies which may be available and cannot be lawfully excluded in respect of any breach of a Non-Excludable Right.

(b) Our liability to you under these terms is limited to:

(i) in respect of any loss or claim relating to a breach of the Non-Excludable Rights by us, the remedies available to you at law;

(ii) in respect of any loss or claim relating to a Listed Item, the Bid Price and SIBI Service Amount for that Listed Item; or

(iii) for all other loss or claims relating to goods or services supplied by us, the cost of that good or service.

(c) A party's liability to the other party in respect of all claims or loss in connection with these terms is reduced to the extent the other party directly caused or contributed to the claim or loss through its breach of these terms or its negligence.

(d) If you are a Buyer, SIBI's liability to you is reduced to the extent that the Seller directly caused or contributed to the claim or loss through its breach of the Sale Agreement or its negligence.

(e) Neither party will be liable to the other party under or in connection with these terms (whether such liability arises out of breach of contract, negligence or any other tort, under statute or otherwise) for any loss of profit, revenue, contracts, goodwill or business, or any business interruption, or any consequential, indirect, special, punitive or incidental damages.

11. Privacy Policy

Our Privacy Policy is incorporated by reference into these terms. We will only use your personal information as set out in our Privacy Policy, available at: www.sellitbuyit.com.au.

12. Jurisdiction

These terms and conditions are governed by the laws of South Australia, Australia.

13. Contact

If you have any queries regarding these Terms and Conditions, please contact us using the following details: theteam@sellitbuyit.com.au.

14. Definitions

14.1 Definitions

In these terms:

(a) Bid Price means the highest amount the Buyer has placed for a Listed Item and includes any amount of an accepted BUY IT NOW Offer or Second Chance Offer.

(b) Business Seller means a Seller that is selling the Listed Item as a business.

(d) Cash Sales means payment for the Bid Price for a Listed Item that is not made through the Platform, including cash payments.

(e) Consumer Guarantees means any right or statutory guarantee under Division 1 of Part 3 2 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(f) Intellectual Property means all rights throughout the world in relation to patents, copyright (including moral rights), designs, registered and unregistered trade marks, trade secrets, know-how, confidential information and all other intellectual property and any right to register those rights (including any renewal).

(g) Listed Item means an item listed on the Platform.

(h) MY INBOX has the meaning given to that term in clause 1.4(c).

(i) Platform means the online platform available through the sellitbuyit.com.au website and SELL IT BUY IT mobile applications that allows users to sell products through auctions and offers.

(j) BUY IT NOW Offer has the meaning given to that term in clause 2.1(b).

(k) Reserve means the minimum sale price for a Listed Item as set by the Seller.

(l) Sale Agreement has the meaning given to that term in clause 2.3(a).

(m) Second Chance Offer has the meaning given to that term in clause 2.1(d)(iii).

(n) Seller means, in respect of a Listed Item, the user that has listed that Listed Item on the Platform.

(o) SIBI CASH means the funds that are available for use for purchases on the Platform through your account.

(p) SIBI Service Amount means the fee paid to us in respect of a Sold Item, calculated as a percentage of the Bid Price as follows:

(i) for a Bid Price of $10,000 or less - 7%; or

(ii) for a Bid Price of $10,001 or more - 5%,

(iii) The maximum SIBI Service Amount applies once the Bid Price reaches $30,000.00

or as otherwise updated from time to time.

(q) Shipping Fee means the shipping fee to send a Listed Item from the Seller's address to the address nominated by the Buyer.

(r) Sold Item means a Listed Item that has been purchased by the Buyer.

14.2 Interpretation

In these terms unless a contrary intention is expressed:

(a) headings and italicised, highlighted or bold type do not affect the interpretation of these terms;

(b) the singular includes the plural and the plural includes the singular;

(d) other parts of speech and grammatical forms of a word or phrase defined in these terms have a corresponding meaning;

(e) a reference to any legislation includes all delegated legislation made under it and includes all amendments, consolidations, replacements or re enactments of any of them, from time to time;

(f) a reference to an agreement includes an undertaking, deed, agreement or legally enforceable arrangement or understanding whether or not in writing;

(g) a reference to a document includes any agreement or contract in writing, or any certificate, notice, deed, instrument or other document of any kind;

(h) the words 'include', 'including', 'for example', 'such as' or any form of those words or similar expressions in these terms do not limit what else is included and must be construed as if they are followed by the words 'without limitation', unless there is express wording to the contrary;

(i) if a period of time is specified and dates from a day or the day of an act, event or circumstance, that period is to be determined exclusive of that day;

(j) a reference to '$', 'A$', 'AUD', 'dollars' or 'Dollars' is a reference to the lawful currency of the Commonwealth of Australia.

Schedule 1 Features

Premium features

1. Secure Viewing Pass

1.1 Description

(a) Pass available to purchase to provide the Sellers details to the Buyer to allow the parties to arrange an in-person or virtual inspection.

(b) SIBI does not facilitate any in-person or virtual inspections and participation is at the risk of the Seller and Buyer.

1.2 Payment details

(a) A Buyer can purchase a Secure Viewing Pass through the Platform. Payment of the applicable fee is required before the Secure Viewing Pass can be accessed by the Buyer.

(b) Once SIBI has received payment, the following details for the Seller are provided to the buyer through MY INBOX:

(i) Name

(ii) Phone number

(iii) Email address

Boosts and Spells

2. Accessing Spells and Boosts

(a) SIBI allows you to enhance your experience on the Platform through additional features know as SIBI Spells and Boosts. Details of the SIBI Spells and Boosts, including what they provide and when they can be used, are set out on the Platform.

(b) You can access the Spell Shop at any time through the cauldron icon in the Platform.

(c) Spells are only available to users that have enabled SIBI Spells in their account. You can choose to disable SIBI Spells at any time.

(d) If you have disabled SIBI Spells:

(i) you will not earn points for SIBI Spells or Boosts and you will not be able to use any SIBI Spells or Boosts that were earned by points; and

(ii) you can still purchase and use purchased Boosts.

(e) To see your Spell and Boosts activity, you must ensure that you have signed into your account.

3. SIBI Spells

3.1 Earning SIBI Spells

(a) SIBI Spells can be earned by if you are a Buyer or a Seller. However, you can only use SIBI Spells when you are selling a Listed Item.

(b) You can earn SIBI Spells through your activity on the Platform. You can also purchase SIBI Spells and points from SIBI.

4. Boosts

4.1 Acquiring Boosts

(a) You can purchase Boosts or use a Boost through an applicable SIBI Spell.

(b) Purchased Boosts will only be available once we have received payment.

4.2 Paying for Boosts

(a) When you want to purchase a Boost, you decide if you want to use your SIBI Spells. If you don’t want to use your SIBI Spells or you do not have enough SIBI Spells for a Boost, you can choose to purchase the Boost through the Website.

(b) If you choose 'Use my SIBI Spells', the Platform will apply all available SIBI Spells against the Boosts you want to purchase. If you have insufficient SIBI Spells, you will be required to purchase the remaining Boosts.

4.3 Active boosts:

(a) If a Boost is already active you will not be able to purchase the same Boost until it expires. Other Boost that can be used will remain available

(b) Some Boosts can be applied at the same time. If you have two or more Boosts applied, you may not be able to access some Boosts and the 'Mystery Pick It' feature.

(c) You can choose a mystery Boost by purchasing MYSTERY PICK IT. Please note that Mystery Pick It randomly selects a Boost and once selected you cannot change that Boost for another Boost. You can deactivate the Boost and purchase another Boost.

SIBI CASH

5. Terms and conditions

5.1 Store credits

SIBI CASH issued by us as a store credit or as part of a refund: Valid for: No expiry date Redemption: Can be redeemed across multiple transactions, up to the value of the voucher. Minimum spend: N/A. Conditions: Cannot be applied or redeemed to purchase a gift card. Excluded items: N/A

5.2 Promotional SIBI CASH

Standard SIBI CASH: Valid for: 30 days from date of issue. Redemption: Can be redeemed across multiple transactions, up to the value of the voucher. Minimum spend: N/A. Conditions: Cannot be applied or redeemed to purchase a gift card. Excluded items: N/A

Promotions and other offers

6. Eco Impact

6.1 Eco Impact donations

(a) SIBI makes donations of a portion of sales in a three-month period to nominated organisations that have a positive ecological impact on the earth.

(b) At the end of a donation period, SIBI will make a donation to the organisation that received the highest number of votes from users for that period.

6.2 Voting

(a) Each voting period, users can vote for the organisation they want the donation to go to.

The organisation with the most votes receives the donation for that period. Users can see the current voting results on the Platform.

(b) Only registered users can vote (guests must sign up/login).

6.3 Nominations

(a) Users can nominate one organisation that has an Eco Impact for the next donation period.

(b) SIBI is responsible for selecting the organisation and may reject a nomination if it does not consider, acting reasonably, that the organisation meets the eco impact criteria.

Schedule 2 SIBI Listing Policy

Unacceptable items

The following goods are not able to be sold through the Platform:

1. Good that cannot be sold in Australia, including:

(a) stolen goods;

(b) goods unable to be owned or sold under an Australian law;

(c) goods that can only be sold with appropriate permissions, licence or permit if the Seller or Buyer does not hold that permission, licence or permit;

(d) products that have been banned for sale in Australia, have been deemed unsafe or are subject to a recall; or

(e) products that do not comply with a mandatory standard made under the Competition and Consumer Act 2010 (Cth).

2. Weapons & Dangerous Goods

(a) firearms and ammunition, including any component or part of a firearm or ammunition.

(b) explosives, fireworks or hazardous materials

3. Counterfeit & Infringing Goods

(a) Goods that are fake or replica branded items

(b) Items that infringe third party intellectual property rights

4. Drugs & Controlled Substances

(a) Illegal drugs or substances

(b) Prescription medications

(d) Alcohol

(e) Cigarettes, vapes and any other electronic smoking devices

5. Human Body Parts & Biological Materials

(a) Human remains or body parts

(b) Biological specimens

6. Adult & Offensive Material

(a) Sexually explicit adult content

(b) Sexual wellness accessories

(d) Items that are obscene, offensive, or promote violence or hatred

7. Animals & Wildlife

(a) Live animals

(b) Goods made with materials from animals or plant species that are a protected by law

(d) Any other items or materials from animals or plants that cannot be sold or owned under an applicable law

8. Financial & Fraud-Related Items

(a) Counterfeit currency

(b) Stolen financial information

9. Bullion and high value precious metals and stones

(a) Bullion

(b) We will only allow you to list the following items up to a lifetime limit across all listings of no more than $10,000:

(i) precious metal;

(ii) precious stones;

(iii) precious products (jewellery, watches, 'objects of personal adornment', articles of 'goldsmiths' or silversmiths' wares'); or

(iv) any item that has a combination of the above.

10. Other Restricted Items

SIBI reserves the right to determine that goods are restricted, at its sole discretion, if that good is inappropriate for sale on the Platform or SIBI is otherwise unable to allow the sale of that good through the Platform.

Restrictions

1. MOTOR VEHICLE LISTINGS – NEW SOUTH WALES

1.1 If you list a motor vehicle located in New South Wales, you must:

(a) obtain, within 42 days prior to listing, current inspection report issued by Transport for NSW;

(b) if the vehicle has number plates attached, ensure that the inspection report is clearly displayed on the vehicle (for example, on the windscreen);

comply with any other legal requirements to facilitate the sale.

Last updated on 25 Aug 2026.