1. About these terms
These terms apply when you visit or use haraj.com.au and any related services (the "Platform"). The Platform is operated by Haraj, based in Melbourne, Victoria ("Haraj", "we", "us"). By creating an account or using the Platform you agree to these terms and our Privacy Policy. If you do not agree, please do not use the Platform.
2. Who can use the Platform
You must be at least 18 years old and able to enter into a legally binding agreement. You must give accurate information when you register and keep it up to date.
3. Our role
Haraj is an online platform that allows users to post ads and communicate with each other. Unless expressly stated otherwise, Haraj is not a party to any contract of sale, purchase or provision of services made directly between users. Each user is responsible for taking appropriate care before completing any transaction, including checking the identity of the other person, their ownership of the item or right to sell it, the accuracy of the description, its condition and price, and any licences, approvals or legal restrictions that may apply.
4. Following the law
All users must comply with all laws in force in Australia, whether federal, state or territory, that apply to their activity or transaction. You must not use the Platform for any unlawful, fraudulent or misleading purpose, to help or encourage an offence, to infringe anyone's rights, or to get around a legal requirement.
5. Your ads and content
- Ads must be clear, accurate, truthful and not misleading, and must correctly describe the goods or services, their condition, price, availability and any other material information.
- You must have the legal right to post everything you upload, and you must keep your ads up to date and remove them when the item or service is no longer available.
- You must not post duplicate, fake or inactive ads, or use titles, images, prices or descriptions designed to mislead.
- Prohibited items. You must not advertise items or services that are illegal to sell or advertise in Australia or in the state or territory concerned, including for example: illegal drugs and drug equipment; weapons and other items that need a licence you do not hold; stolen, counterfeit or recalled goods; items that cannot lawfully be sold in your state (such as certain vaping goods, tobacco and alcohol without the required licence); regulated food, animals or livestock sold without the required registration or licence; personal data of other people; and adult sexual services or content.
- Licence to display your content. You keep ownership of your content. You give us a non-exclusive, royalty-free licence to host, copy, display, translate, resize and distribute it as needed to run, secure and promote the Platform (for example, in search results and in previews when an ad is shared). This licence ends when you delete the content, except for copies that are backed up, already shared by others, or that we must keep by law.
- You are responsible for your content and for what you say to other users, without affecting any right or guarantee that cannot be excluded under Australian law.
6. Content and conduct that is not allowed
You must not post, upload, send or share content that is unlawful, defamatory, threatening, abusive or misleading; that infringes the rights, privacy or reputation of any person; that infringes intellectual property; or that incites violence, hatred or an offence. You must not harass, intimidate, defraud or impersonate others, send spam, scrape or interfere with the Platform, or try to get around our security.
7. Reviews and ratings
Reviews must be honest, based on real dealings with the person reviewed, and must not be written in exchange for payment, gifts or other benefits, or by or for the person being reviewed. We may remove reviews that break these rules or our other policies.
8. Paid features and payments
Some features are paid (for example, pinning an ad). Prices are shown in Australian dollars. Card payments are processed by Stripe and are subject to Stripe's terms. You can ask for a refund through the Platform or by emailing info@haraj.com.au. If a refund is approved, we reverse the payment to the same payment method you used. Nothing in this section limits any right you have under the Australian Consumer Law, including a right to a refund, repair or replacement where a service we supply has a major problem.
9. Your account and security
Keep your login details and verification codes confidential, do not share them, and take reasonable steps to prevent unauthorised access. You are responsible for activity through your account to the extent it results from your own actions, negligence or failure to take reasonable security steps. Tell us without delay if you suspect your account has been compromised or misused. We may suspend or restrict an account to protect you, other users or the Platform.
10. Action we may take
We may take reasonable action against any ad, content or account that breaches these terms or the law, or that puts users or the Platform at risk. This may include refusing, hiding, editing or deleting an ad, limiting account features, or suspending or closing the account. Where unlawful content, fraud or a safety risk is involved, we may act immediately without notice. Where we reasonably can, we will tell you why, and you can ask us to review the decision by emailing info@haraj.com.au.
11. Australian Consumer Law and our liability
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy you have under that law or any other law that cannot be excluded. Subject to that, and to the extent the law allows: (a) we are not responsible for what users post or for the quality, safety, legality or delivery of items or services offered by users, or for dealings between users; (b) we are not liable for loss that was not reasonably foreseeable, or for loss of profit or opportunity; and (c) where our liability for a breach of a guarantee can lawfully be limited, it is limited to supplying the service again or paying the cost of having it supplied again.
12. Privacy
How we collect and use personal information is explained in our Privacy Policy.
13. Complaints and disputes
If you have a problem with the Platform, contact us at info@haraj.com.au (we reply in English or Arabic). Disputes between users should be resolved between those users; you can report an ad or user to us. You can also contact the relevant consumer protection agency, such as Consumer Affairs Victoria or the ACCC.
14. Changes to these terms
We may update these terms from time to time, for example to develop the Platform or for legal, regulatory or security reasons. The updated terms take effect as soon as they are published on this page, and the "last updated" date shows when. If you keep using the Platform after that, you accept the updated terms to the extent the law allows. Changes do not apply to rights or obligations that arose before they took effect, except as the law allows.
15. General
These terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth. If a part of these terms is found invalid, the rest continues. These terms are available in English and Arabic; if they differ, the English version applies. Contact: info@haraj.com.au, Melbourne, Victoria, Australia.