These Terms and Conditions govern the use of BladeTrader.com.au (“website” or “BladeTrader”).

Acknowledgment and acceptance of Terms and Conditions

By accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (Terms and Conditions). BladeTrader reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any
time without giving prior notice. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

Purchase and Sale of all types of Blades through BladeTrader

BladeTrader has a strict policy that only persons over the age of 18 years may place anadvertisement to buy or sell any type of “Blade” on our website. When you place your advertisement on BladeTrader, you represent that you are over the age of 18 years and agree that you understand the rules and regulations in relation to the ownership of those ‘Blades’ in the state or territory in which you reside. (For example, and not limited to, Double-Edged Daggers are banned in Victoria and the ACT.)

BladeTrader does not warrant or represent that any specific buyer may legally buy, own or possess the Blades bought or sold through the website.

Limitation of Liability

Subject to any non-excludable liability for breach of conditions or warranties implied by legislation, any liability of BladeTrader or BladeTrader’s associates (including principals, agents and employees) in connection with services supplied to the customer for
advertisements displayed by BladeTrader is limited to the advertising fee.

Where information is made available in the FAQs section, it is provided as general information only. The information provided is not professional or expert advice, and is not to be construed as such. Users of the information are responsible for assessing the accuracy
of the material and, where necessary, obtain relevant professional or expert advice.

Contents of advertisements

BladeTrader provides a platform for Australian and international blade collectors to buy and sell all types of blades by advertising on the website. The contents of the advertisements on BladeTrader are provided by the advertisers. Details of any advertised item are based on
seller/advertiser’s information, and not by BladeTrader.

BladeTrader does not warrant, represent or endorse the accuracy, currency, suitability or completeness of any information contained in any advertisements. Information, products and services published on the BladeTrader.com.au website may include inaccuracies or errors. Changes and updates are frequently made to the website and BladeTrader and/or their advertisers may make changes to the website at any time. BladeTrader does not provide any warranty in relation to any goods or services advertised on the website by third
parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller, or owned by the seller. Any information contained in an
advertisement on the website should not be relied upon without prior confirmation with the seller. Purchasers should make appropriate enquiries and, if necessary, obtain independent advice prior to finalising their purchase.

Prices of goods and services displayed by advertisers on the website are deemed current and correct at the time of the advertisements being placed. The prices advertised may not include delivery and/or other charges and price, and final prices and payment terms must
be agreed by the parties buying and selling.

Once an advertisement has been published on BladeTrader, BladeTrader’s responsibility ceases and all correspondence for the sale or purchase of an advertised item is the responsibility of the seller and buyer only.

Placing an advertisement

In order to place an advertisement (“Ad”) to sell an item or for a wanted item (“Item”), the advertiser (“You”) must:

• a. be 18 years or over and have read, understood, agree and acknowledge the terms and conditions;
• b. advertise for sale either one item or one ‘job’ lot per advertisement by completing and submitting the online form (“Application”) with all the required information for your Ad (including any photographs) in the form required by BladeTrader; and
• c. pay the prescribed advertising fee on submission of the Ad.

Once Your Application is submitted to BladeTrader, it cannot be cancelled. No advertisement will be published on BladeTrader until payment in full has been received and BladeTrader has checked and is satisfied with the integrity of the advertisement.

The advertiser’s responsibility

It is the advertiser’s responsibility to:

• a. describe the advertised item accurately with an honest description of condition of item or service and with the correct price you are asking for the item or service;
• b. comply with any relevant BladeTrader advertising policy including adhering to state, territory and federal laws pertaining to what can and cannot be both bought and sold in the relevant Australian states and Territories;
• c. if You are not the owner of any material (for example, images or written descriptions of items) which You wish to include in Your Ad, obtain written permission from the owner of those materials to include them in Your Ad before submitting the Ad to BladeTrader for publication;
• d. maintain the confidentiality of all email and personal information; and
• e. remove Your Ad by notifying BladeTrader by email if the advertised Item is:
  • i. sold; or
  • ii. withdrawn by You from sale.

You must not offer for sale any Item:

• a. not located in Australia unless this is mentioned and is clearly visible in the Ad;
• b. that is not accurately described by the category in which it is advertised;
• c. that You are not the owner of; or
• d. in all other cases, which You do not have the right to sell.

You must not submit an Ad which:

• a. does not comply with all relevant state, territory and federal laws;
• b. infringes the intellectual property rights of any person including any company or organisation;
• c. is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
• d. is misleading or deceptive or likely to mislead or deceive (for example by including photos or text in Your Ad that do not match the Item or by listing the Item at a lower price than you would be willing to sell the Item to solicit increased enquiries or for other purposes);
• e. comprises anything which may adversely reflect on BladeTrader’s website; or
• f. includes references or links to other websites.

You must not alter or amend an Ad to describe or offer an Item that is different to the Item originally published.

Requirements for photographs included in Ads

Photographs submitted with Ads for publication must:

• a. be current photographs of the actual Item for sale, such that the Item is shown in the same condition as it is anticipated that it will be delivered to the buyer;
• b. not include any images of people;
• c. not be digitally altered;
• d. not contain any watermarks;
• e. be in jpeg or jpg format and no larger than 800px on either axis; and
• f. not be seen to be sexually, racially or abusive in any way.

Payment

• a. You must pay the advertising fee at the rate and in the manner set out in the Application.
• b. Once you submit the Application, you will be directed to PayPal for payment of the advertisement.
• c. If you do not have a PayPal account, you will be able to sign in as a guest and pay through the PayPal system by use of a valid credit card.
• d. You will not be entitled to a refund or credit if BladeTrader withdraws or terminates the publication of Your Ad if You were not entitled to place an Ad or You are otherwise in breach of this Agreement.

Your warranties to BladeTrader

You represent and warrant to BladeTrader that:

• a. You are the owner of all Items included in Your Ad/s and You have the authority to sell those Items;
• b. You are entitled to publish the Ad and all materials contained in the Ad, including text and images;
• c. all contact and other details You have provided to BladeTrader are accurate; and
• d. Your use of the BladeTrader website will comply with the terms and conditions set out in this Agreement and any other requirements or directions issued by BladeTrader from time to time.

Intellectual Property Rights

You hereby grant to BladeTrader in respect of all copyright materials included in Your Ad or
materials otherwise submitted by You to BladeTrader, a perpetual, royalty-free and
irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilise in any
manner those materials.

Publication of Ads

The following terms apply to the publication of Your Ad on BladeTrader:

• a. BladeTrader is not bound to publish Your Ad until accepted by BladeTrader. Your Ad is only accepted when BladeTrader publishes Your Ad which is normally between 24 and 48 hours after acceptance.
• b. If Your Ad relates to Item that in BladeTrader’s opinion is illegal, or contains content that BladeTrader deems inappropriate to include in an Ad, BladeTrader may refuse to publish Your Ad or remove any unauthorised content from the Ad before publication. All payments for the Ad are final and non-refundable, and if BladeTrader refuses to publish Your Ad, we are not obliged to refund the payment for the Ad.
• c. If accepted, BladeTrader will publish Your Ad as set out in the Application on the terms and conditions of this Agreement and with any amendments as within BladeTrader’s discretion.
• d. BladeTrader’s acceptance of Your Ad does not create any relationship of agency between You and BladeTrader.
• e. You accept and acknowledge that BladeTrader’s acceptance of Your Ad does not provide any representation, warranty or guarantee that your Item will be sold through BladeTrader or any of its Services, or that you will find the Item you are looking for
  under your wanted advertisement.
• f. BladeTrader may republish Your Ad on such other websites, search engines, applications and print or other media as BladeTrader determines fit for the use of advertising the BladeTrader website and enhancing the opportunity for more buyers and sellers to see Your Ad, which will be at BladeTrader’s absolute discretion.
• g. You acknowledge and agree that while every endeavour will be made to publish Your Ad as submitted, BladeTrader will not be liable for any error, omission or failure to publish Your Ad in the form ordered, including acts or omissions of BladeTrader, its
  principals, employees or agents.
• h. BladeTrader may refuse to publish, withdraw or terminate the publication of Your Ad (or any part of Your Ad) if:
  • i. BladeTrader determines, in its absolute opinion without notice, You are not entitled to place the Ad (for example, because you do not own the Item); or
  • ii. You breach this Agreement; or
  • iii. BladeTrader determines, in its absolute discretion without notice, that such refusal, withdrawal or termination is appropriate.
• i. Notwithstanding anything in this Agreement, BladeTrader has absolute editorial control in relation to the publication of Your Ad, including, but not limited to the format, position and placement of Your Ad.
• j. BladeTrader may in its absolute discretion add to, edit or remove information within Your Publicly viewed Ad including without limitation any reference to the seller including contact information.

Duration of Ad

Your Ad will stay on the website for a period of 3 months or until such time as you notify us that the item is sold. You can renew the advertisement by contacting us and paying a further advertising fee via PayPal.

For the avoidance of doubt, if you have purchased an Ad and you reduce the listing price of your Item, BladeTrader will revise the list price free of charge within the 3-month advertising period but you will not be entitled to a refund of the advertising fee.

Without limiting the operation of any other Terms and Conditions herein, BladeTrader is not responsible for the contents of the Ad.

Without limiting the operation of any other BladeTrader terms and conditions herein, once an advertisement has been published on BladeTrader, BladeTrader’s responsibility ceases and all correspondence for the sale or purchase of an advertised item is the responsibility of the seller and buyer only.

Indemnity and Release

When you place an Ad on BladeTrader, You agree to indemnify and hold BladeTrader and its associates (including principals, agents and employees) harmless from any and all claims brought by any person or entity against BladeTrader related to and/ or arising from Your ownership and use of the products, and You agree to assume all risk related to and/ or arising from Your ownership and/ or use of the products. Knives and any bladed products may be dangerous if used illegally, improperly or negligently.

When you place an Ad on BladeTrader, it is Your responsibility to ensure that You can legally buy, sell or own the knife or bladed product, and You agree to use the products in a legal and safe manner in accordance with all applicable laws, common sense and safety rules. You
agree to indemnify BladeTrader against any liability, loss, claim or demand if BladeTrader and its associates (including principals, agents and employees) suffers any loss or damage or incurs any cost in connection with a breach by You (or any of Your associates, representatives, employees or agents) of these terms and conditions.

Privacy

We treat all customer information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts.

January 2022