Ultimate Mikode Auctions User Agreement.
The User Agreement is effective as of 10 March 2017. It is effective upon acceptance by users who accept it
through registration of an Ultimate Mikode Auctions account, and for all other users.
In this User Agreement:
“Mikode” means MIKODE PTY LTD.
“Mikode services” means the Mikode.net and “Ultimate Mikode Auctions” website using ODDS-N-ENDS.NET Domain and any
related MIKODE service or tool.
By using the Mikode services, you agree to the following terms with Mikode. If you have any
questions, please contact Customer Support.
This agreement is effective as of 10 March 2017 for all users.
Before using the Mikode services, you must read and accept all of the terms in, and linked to, this User Agreement
access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement and
User Privacy Notice will apply whenever you use the Mikode services, or when you use the tools we make available to
interact with the Mikode services. If you use a Mikode site other than Ultimate Mikode Auctions at https://odds-n-
ends.net, you acknowledge that you will need to accept and be bound by the terms of that site. Some Mikode services may
have additional or other terms that we provide to you when you use those services.
3.Listing and selling on Ultimate Mikode Auctions.
Only members of Mikode.net can add auctions and sell items on “Ultimate Mikode Auctions”.
Membership to Mikode is US$5 per month and entitles you to list all your items for free and collect 100%
of your sale [we do not charge any commission fees].
4. Buying at Ultimate Mikode Auctions.
All free registered users can bid, buy, swap for free.
5. Using Ultimate Mikode Auctions.
While using the Mikode services, you will not:
post content or items in inappropriate categories or areas on our sites and services,infringe any laws, third party rights
or our policies, use the Mikode services if you are not able to enter legally binding contracts, are under the age of 18
or are suspended from using the Mikode services,fail to deliver payment for items purchased by you, unless the seller has
materially changed the item’s description after you bid, a clear typographical error is made or you cannot authenticate
the seller’s identity, fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you
cannot authenticate the buyer’s identity, manipulate the price of any item or interfere with other users’ listings,
circumvent or manipulate the billing process, post false, inaccurate, misleading, defamatory or offensive content
(including personal information), take any action that may undermine the Feedback or ratings systems (such as displaying,
importing or exporting Feedbackinformation or using it for purposes unrelated to Mikode),
transfer your Mikode account (including Feedback) and user ID to another party without our consent,
distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes,
distribute viruses or any other technologies that may harm Mikode or the interests or property of Mikode users,
export or re-export any Mikode tools except in compliance with the export control laws of any relevant jurisdictions,
copy, modify or distribute rights or content from the Mikode services or Mikode’s copyrights and trademarks, or
harvest or otherwise collect information about users, including email addresses, without their consent.
6. Abusing Mikode
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to
the Mikode services, delay or remove hosted content, and take technical and legal steps to keep users off the sites if
we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of
third parties or acting inconsistently with the letter or spirit of our policies (for example, and without limitation,
policies related to shill bidding, conducting off-Mikode transactions, Feedback manipulation, circumventing temporary or
permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in
appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat
infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or
accounts that have been inactive for a long time, or to modify or discontinue Mikode services.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise any and all copyright, trademark, publicity and database rights (but no other
rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that
are provided by third parties (including Mikode users). You may use catalogue content solely in connection with your
Ultimate Mikode Auctions listings during the time your listings are on Mikode sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and
you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to
include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that
your listings are accurate, do not include misleading information and comply with this User Agreement and all Mikode
policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove
any copyright, proprietary or identification markings included with the catalogues or create any derivative works based
on catalogue content (other than by including them in your listings).
8. Trading on Ultimate Mikode Auctions and Limitation of Liability
While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when
trading online and using our sites, including dealing with underage or fraudulent persons. Mikode accepts no liability
or be responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake
items. You acknowledge that Mikode is not an auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and
buy or swap items, at any time, from anywhere, in a variety of pricing formats and locations, such as
fixed price formats and auction-style formats. Mikode is not involved in the actual transaction between buyers and
sellers. Mikode has no control over and do not guarantee the quality, safety or legality of items advertised, the truth or
accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or
that a buyer or seller will actually complete a transaction or return an item. You should consider and use Mikode’s
suggested safe trading guidelines when trading online, including our safe trading tips for buyers and tips for sellers
on avoiding transaction problems.
When you enter into a transaction you create a legally binding contract with another user. You must ensure that you
comply with your obligations to the other user and you are aware of any laws relevant to you as a seller or buyer. If
another member breaches any obligation to you, you are responsible for enforcing any rights that you may
have. Mikode is not a party to the transaction and has no legal liability.
You alone, and not Mikode, are responsible for ensuring that your listing, bidding and selling and any other activities
conducted on Mikode sites are lawful. You must ensure that you comply with all applicable laws in Australia and other
countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the
We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the
Further, we cannot guarantee continuous or secure access to the Mikode services, and their operation may be
interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all
implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any
special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use
the Mikode services.
If you have a dispute with one or more users, you release Mikode (and our officers, directors, agents, subsidiaries, joint
venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with such disputes.
Without limiting other remedies available to Mikode at law, in equity or under this Agreement, Mikode may, without notice to
you and in Mikode’s sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing
your item, issue you a warning, restrict your activities through the Mikode site (including but not limited to buying, selling
and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide
Mikode services to you if:
you have, or Mikode believes that you have, breached this Agreement, which includes any of Mikode’s Policies in any way (including
updated Policies) ;
Mikode is unable to verify or authenticate any information you provide;
Mikode believes that your actions may cause loss or damage to or otherwise unlawfully harm you, Mikode’s users, third parties or
Mikode and its related bodies corporate, affiliates, directors, employees or agents; or
if Mikode reasonably believes that any of your information (which includes an item listed on the site) is inappropriate or of
an offensive nature.
For security, confidentiality and privacy reasons, Mikode is not obligated to provide you or other members the details of
any investigation that Mikode conduct or any action taken, in relation to your membership or your account other than
those that are already provided to you by Mikode.
11. Closing Your Account
You may close your Mikode account at any time, subject to:
not having any outstanding items listed on the website; and
resolving any outstanding matters (such as a suspension or restriction on your account); and
paying any outstanding debts owing on the account.
Mikode does not provide your personal information to third parties for their marketing purposes without your explicit consent.
important community principle. Mikode store and process your information on computers located in the United States that are
protected by physical as well as technological security devices. You can access and modify the information you provide
Mikode and choose not to receive certain communications by signing in to your account. Mikode use third parties to verify and
certify our privacy principles. For a complete description of how Mikode use and protect your personal information, see the
Privacy of Others; Marketing
If Mikode provides you with information about another user you agree you will use the information only for the purposes
it is provided to you. You may not disclose, sell, rent or distribute a user’s information to a third party for purposes
unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other
means, unless you obtain the consent of the specific user to do so.
You will indemnify Mikode (officers, directors, agents, subsidiaries, joint venturers and employees) against any
claim or demand, including legal fees and costs, made against Mikode by any third party due to or arising out of your breach
of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Mikode
14. No Agency
Mikode is not your agent for any purpose in relation to this Agreement or your use of the Mikode services.
Legal notices must be served on Mikode’s registered agent (in the case of Mikode) or to the email address you provide to
Mikode during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless
the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively,
Mikode may give you legal notice by mail to the address provided by you during the registration process. In such case,
notice will be deemed given three days after the date of mailing.
Any notices to Mikode’s registered agent must be given by registered ordinary post (or if posted to or from a place
outside Australia, by registered airmail) or by facsimile transmission to MIKODE.NET PTY LTD,
45 Guineas Creek Road, Elanora, Gold Coast 4221, Australia Fax: (07) 5534 5402.
16. Legal Disputes
If a dispute arises between you and Mikode, our goal is to provide you with a neutral and cost effective means of
resolving the dispute quickly. Mikode strongly encourages you to first contact Customer Support to seek a resolution. Mikode will
consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation
or arbitration, as alternatives to litigation.
Law and forum for legal disputes
This Agreement will be governed in all respects by the laws of Queensland. Mikode encourages you to try and resolve disputes
using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and
Mikode irrevocably submit to the exclusive jurisdiction of the courts of Brisbane,Queensland, Australia.
MIKODE.NET PTY LTD located at 45 Guineas Creek Road, Elanora Gold Coast QLD, Australia.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the
remaining provisions will remain in effect. In our sole discretion, Mikode may assign its rights and obligations under this
Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Mikode’s
failure to act on a breach by you or others doesn’t waive Mikode’s right to act on subsequent or similar breaches.
Mikode may amend this Agreement at any time by posting the amended terms on Ultimate Mikode Auctions and by notifying you
directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically
be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in
accordance with Clause 11 of this Agreement.
Mikode and its community of users (“the Community”) work together to keep our sites and services working properly and
the Community safe. Please report problems, offensive content, policy and copyright violations to us.
This Agreement contains the entire understanding and agreement between you and Mikode.