Highwaygames.com is a Website run by Highwaygames.com Limited ('Highwaygames') for the business-to-business sale of products and services within the Amusement Industry. The provision of the Highwaygames services ('Services') and use of the Highwaygames.com ('Highwaygames') Website ('Website') are subject to the following terms and conditions ('Terms and Conditions').

By registering as a user of the Website ('User'), whether as a buyer ('Buyer') or seller ('Seller'), and whether or not such registration actually results in a purchase or sale or entry into any other contract, you agree that:

(1) you have read and understand these Terms and Conditions; and
(2) you will comply with these Terms and Conditions in your use of the Website and the Services.

We may amend this Agreement at any time by posting the amended terms on our Site. The amended terms will automatically be effective 30 days after they are initially posted on our Site. You (and all other Members) will be bound by the amended terms from that time. This Agreement may not be otherwise amended.

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not available to, and may not be used by, persons under 18 years of age. If you do not qualify, please do not use our services.

Highwaygames endeavours (though solely at its own discretion) to remove and deregister Users who do not comply with these Terms and Conditions. However, Users are responsible for independently vetting any party with whom they enter into a contract as a result of use of the Website and/or the Services.

The User acknowledges and accepts that computer and telecommunications systems are not fault-free and may from time to time require periods of downtime (being periods during which the Website and the Services are not available) for the purposes of repair, maintenance and upgrading. Accordingly, Highwaygames does not guarantee uninterrupted availability of the Website, but it shall make reasonable efforts to minimise any periods when the Website is not available. The User accepts that it shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.

The User acknowledges and accepts that Highwaygames may from time to time alter any aspect of the Website or the Services as it thinks fit and without notice to Users. The User accepts that it shall have no claim for breach of contract or otherwise in respect of any such alteration.

Highwaygames shall have no liability whatsoever to any User or third party in respect of any product advertised or offered for sale on the Website ('Product') and the Seller of any such Product shall indemnify Highwaygames against any such liabilities, costs and expenditure incurred directly or indirectly as a result of any claim by the Buyer or any other User or third party in relation to such Product, or otherwise.

Highwaygames excludes all warranties in respect of both the creditworthiness of any User, and the authority of any User to enter into a transaction and complete it in compliance with these Terms and Conditions, and any other specific terms and conditions particular to a given transaction.

Highwaygames shall have no liability whatsoever to any User or third party in respect of any errors or omissions in the provision of the Services nor in respect of any of the contents of the Website, for any indirect or consequential loss, loss of business, revenue, profits, or saving which any User expected to make, or financial loss of any sort.

Highwaygames expressly excludes all warranties in respect of the accuracy of the contents of the Website. Except as expressly provided in these Terms and Conditions, all warranties, conditions, representations or other terms implied by statute or common law as to the quality of the Services or otherwise are excluded to the fullest extent permitted by law.

The User is responsible for maintaining the secrecy of its User name and User password. The User agrees that it shall immediately notify Highwaygames of any unauthorised use of its User name or User password.

The User is required to provide certain information to Highwaygames for the purposes of registration, and to Highwaygames and other Users in the course of making use of the Website and the Services ('User Information').

The User warrants that:

• such User Information is complete and accurate at the time of being supplied to the relevant party;
• it will ensure that such User Information is updated as and when necessary, so that it is at all times current, accurate and complete.

However, the User is solely responsible for checking the accuracy and completeness of the User Information of any other User, and Highwaygames shall not be held responsible for any User Information which fails to comply with the above standard.

The User warrants that in the use of the Website and the Services it shall not:

• upload, post, transmit, reproduce or distribute or in any way exploit any material or information over which the User does not have proprietary or intellectual property rights, whether such information is derived from the Website, the Services or any other source, except with the express permission of the holder of either the proprietary or intellectual property rights to that material or information;
• upload, post, transmit, or distribute: any unauthorised or unsolicited advertising, offers for the sale of services or communications (except as may be permitted by the use of the Services);
• any material or information which contains a computer virus, or other code, files or programs intended to or having for effect to disrupt or otherwise adversely affect the provision of the Services and/or the operation of the Website, or of other Users' computer systems;
• or any material or information which is in any way unlawful, or which is potentially harmful, threatening, abusive, libellous, pornographic or otherwise obscene, or racially, ethnically or otherwise objectionable;
• reproduce, copy, sell, resell or otherwise exploit for any commercial purposes any part of the Website or its contents (including but not limited to information accessible through the Website) or the Services;
• or forge headers or in any way use identifiers to disguise the true origin of any User Information.

The User accepts and acknowledges that Highwaygames, its officers, employees, agents, representatives of any sort, and advisers shall not in any way be liable for any damages, loss, costs or expenses arising directly or indirectly from the User's downloading of information and materials from the Website, and its reliance or use of such information and materials for any purpose.

In addition to its obligations as a User, a Seller shall be subject to the following specific terms and conditions.

The Seller shall be solely responsible for reviewing the Product Information in the form in which it is to appear on the Website, prior to its posting on the Website, and shall notify Highwaygames immediately of any changes necessary to make the Product Information accurate and complete as at the date of such posting. Thereafter the Seller shall inform Highwaygames promptly from time to time of any amendments required to keep the Product Information up to date.

The Seller warrants that:

• the Product Information shall at all times be complete, accurate and up to date, and accurately reflect the quality, condition and fitness for purpose of the Products to which it relates;
• it owns the proprietary and intellectual property rights in the Product Information and any other materials supplied to Highwaygames for posting on the Website, and that the appearance on the Website of the Product Information and any other materials supplied by it does not infringe the intellectual property rights of any third party;
• it has the necessary authority to advertise, offer for sale and sell (as appropriate) the Products;
• it has good and marketable title to the Products, free from any lien, encumbrance or third party interest of whatever nature. Highwaygames reserves the right, at its sole discretion, to refuse to display any Product Information or other information or material which it considers (wholly or in part):
• to be unlawful, misleading, offensive, prejudicial or inflammatory;
• or to be likely to expose Highwaygames to claims, lead Highwaygames into prosecution, criticism or disrepute, or cause Highwaygames embarrassment;
• or to infringe the legal rights of others, including but not limited to the intellectual property rights of others.

The Seller agrees that it shall not at any time whilst it is a registered User (unless otherwise agreed with Highwaygames) place Product Information in any form, or in any way solicit orders in respect of Products on or by means of a worldwideweb site other than the Website, or any other worldwideweb site on which the Seller is already doing any of the above at the date of registration as a User.

In addition to their obligations as a User, a Buyer shall be subject to the following specific terms and conditions.

The Buyer warrants that:

• it has the capacity to enter into any contract with a Seller or any other User of the Website, resulting from use of the Website and the Services;
• it has the authority to enter into any such contract, and the authority to enter a bid, where applicable.

The User accepts that Products subject to an auction may be withdrawn or sold prior to the expiry of the specified auction period, and/or that an auction may be discontinued, temporarily or permanently, postponed or cancelled, all without notice to Users.

Users shall not collude with one another, nor engage in any other form of price manipulation or bid rigging.

The User acknowledges and agrees that Highwaygames shall not be held responsible for the calculation, collection or reporting of any value added tax, other sales tax, or tax or fee of whatever nature assessed by any jurisdiction having taxing authority over any sale or other contract.

The User warrants that it shall comply with all applicable laws and regulations with respect to taxes, and shall indemnify Highwaygames against any and all damages and costs incurred as a result of the User's failure to comply with its obligations under this Condition.

The Website and the Services may in some cases provide Users with links to the websites or services of third parties. The User acknowledges and accepts that Highwaygames is not, and shall not be held responsible for any damage, loss, costs or expenses arising from the use of such websites, or products or services available through such websites.

Highwaygames reserves the right to terminate forthwith, or to refuse to permit, the use of the Website or of the Services by any party, at any time and at Highwaygames's sole and absolute discretion. The User shall have the right to terminate its use of the Website and the Services, and its registration as a User, at any time upon one month’s notice to Highwaygames.

Any notice to be given pursuant to these Terms and Conditions shall be given:

To Highwaygames:
by email to terms@highwaygames.com

and by recorded delivery to

Highwaygames.com,
The Manager,
2/14 Ironbark Close,
Warabrook, NSW 2304

or to such other address as may be intimated to the User from time to time.

To the User:
by email to the email address shown in the User's registration information.

Notices to the User shall be deemed to have been given twenty-four (24) hours after such email is sent and notices to Highwaygames shall be deemed to have been given three (3) days after the date of posting of the recorded delivery mail.

All payments made by the Seller to the Company pursuant to these Terms and Conditions shall be made without set-off, deduction or counterclaims. No amendment to these Terms and Conditions shall be effective against an existing User unless it is in writing and signed by or on behalf Highwaygames and the User.

The rights of the parties under these Terms and Conditions may be exercised as often as necessary; they are cumulative and not exclusive of any party’s rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right. If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions; or the legality or validity or enforceability in any other jurisdiction of that or any other provision of these Terms and Conditions.

Highwaygames reserves the right to send email or other correspondence to the User in relation to the Services or for other promotional purposes. These Terms and Conditions constitute the entire agreement of the parties, and supersede any and all other agreements between the parties regarding their subject matter. These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and both parties agree that the Australian courts shall have exclusive jurisdiction.