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Marketplace Terms.

These Terms govern your use of domains123.com.au and any purchase, payment, reservation or transfer of a domain through the marketplace.

Last updated: 02 May 2020

Please read these Terms carefully before using domains123.com.au or purchasing a domain. By creating an account, placing an order, submitting payment or otherwise using the marketplace, you agree to these Terms to the extent permitted by law.

1. About domains123.com.au

domains123.com.au is a specialist marketplace for selected Australian .com.au domain names, including premium and previously registered or expired domains relevant to casino, pokies, betting, iGaming and related digital projects. The marketplace provides domain discovery, account management, checkout, invoicing, payment submission, payment review and transfer workflow functionality.

domains123.com.au is a domain marketplace and transaction platform. Unless expressly stated otherwise, we are not your registrar, legal adviser, tax adviser, financial adviser, SEO agency, search engine, gambling operator or gambling licensing authority.

2. Acceptance of these Terms

By accessing the website, creating an account, adding a domain to cart, creating an order, receiving an invoice, submitting a transaction hash, requesting a transfer or otherwise using the service, you acknowledge that you have read and understood these Terms.

If you are acting for a company, trust, partnership or other organisation, you represent that you are authorised to act for that organisation and to bind it to the transaction.

3. Marketplace scope

domains123.com.au lists selected .com.au domain names that may be available for purchase at the time they are displayed. A listing is an invitation to consider a domain and is not, by itself, a guarantee that a transaction can be completed.

Availability can change. A domain may be sold, reserved, transferred, removed from sale, become subject to a registrar restriction or otherwise become unavailable before a valid order is created.

The authoritative transaction state is the state recorded by the marketplace at the time the order is processed. Browser caches, screenshots, search engine snippets or previously viewed pages are not authoritative evidence of availability.

4. Domain descriptions and listing information

We aim to display domain names, prices, categories, statuses, age information and available metrics accurately. However, third-party data, historical data and externally sourced metrics may change, become unavailable or differ between providers.

Any DR, PR, authority, backlink, age, traffic, historical, archive or similar metric is provided as an evaluation aid only. These values do not constitute a warranty, guarantee or representation that a domain will achieve a particular result.

5. Expired and previously used domains

Some domains offered through the marketplace may have been registered, developed, redirected, parked, indexed or used by third parties in the past. Historical use can change the commercial, legal, technical or SEO characteristics of a domain.

Before purchasing an expired or previously used domain, you should perform your own due diligence, including where relevant:

  • reviewing archived versions of the website;
  • reviewing backlink sources and anchor text;
  • checking historical topical relevance;
  • checking prior reputation, spam or abuse indicators;
  • checking brand and trademark risks;
  • checking registrar and registry status;
  • checking whether the domain fits your intended use.

We do not guarantee that historical backlinks, authority, rankings, traffic, indexation, mentions or other signals will continue after purchase or transfer.

6. SEO, rankings and 301 redirects

Some buyers acquire expired domains for SEO-related purposes, including a rebuild, rebrand, site migration, topical consolidation or relevant 301 redirect strategy.

A 301 redirect is a permanent redirect and may be appropriate where a domain or URL has genuinely moved or where closely related properties are being consolidated. Whether a redirect is appropriate depends on the relationship between the old content, historical links and the new destination.

domains123.com.au does not guarantee that purchasing or redirecting a domain will:

  • rank a website in position #1;
  • produce first-page rankings;
  • transfer historical authority;
  • preserve existing backlinks or indexation;
  • increase traffic, leads or revenue;
  • prevent a search engine from re-evaluating the domain.

Search performance depends on many factors outside our control, including topical relevance, content quality, backlink quality, technical implementation, internal linking, crawlability, user value, competition and search-engine algorithms.

7. Casino, pokies, betting and iGaming domains

The marketplace may include domain names relevant to casino, pokies, betting, sports betting, racing, gambling, iGaming, affiliate marketing, media, data, software or related industries.

The sale of a domain does not grant you any gambling licence, advertising approval, regulatory authorisation, affiliate approval or permission to offer regulated products or services.

You are solely responsible for ensuring that your proposed website, marketing, affiliate activity, advertising, products and services comply with all laws, regulations, licensing conditions and industry rules that apply to your activities and target markets.

8. .com.au eligibility and auDA requirements

.com.au domain names are subject to the rules and policies applicable to the .au namespace, including eligibility and allocation requirements. You are responsible for ensuring that the proposed registrant is eligible to hold the domain and that the domain name has the required connection to the registrant where applicable.

Depending on the circumstances, registrant details may include information such as an ABN, ACN, business details, Australian trade mark details or other information accepted under the applicable .au rules.

Payment does not override auDA, registry or registrar requirements. If a buyer cannot satisfy applicable eligibility or allocation requirements, a transfer may be delayed, rejected or unable to proceed.

Because domain policies may change, buyers should confirm current .au rules and registrar requirements before completing a purchase.

9. Buyer information and registrar details

You must provide accurate, current and complete information when requested during account creation, checkout and transfer. This may include your name, email address, company name, ABN or ACN, registrar name, registrar account email, transfer email and other information reasonably required to process the transaction.

You are responsible for ensuring that the receiving registrar account is accessible and that the information you provide is correct. Incorrect or incomplete information may delay or prevent transfer.

10. Accounts and email verification

Certain marketplace functions require an account. You are responsible for protecting your account credentials and for activity carried out through your account. You must not share passwords, verification tokens, password-reset links or other authentication credentials with unauthorised persons.

We may require email verification before checkout or before performing sensitive account actions. We may suspend or disable an account where reasonably necessary to protect the marketplace, investigate suspected fraud, respond to a security issue or comply with legal obligations.

11. Pricing

Unless otherwise stated, marketplace prices are displayed in USDC. The price shown in the browser is not the final authority for checkout. When an order is created, the platform validates the selected domain and obtains the applicable server-side price from the marketplace database.

If a displayed price and the authoritative checkout price differ because of an error, stale page, technical issue or authorised price change, the transaction will be handled using the validated checkout information.

12. Orders and reservations

A domain is not reserved merely because it is viewed, favourited or added to a cart. When a valid order is created, selected available domains may be reserved to that specific order for the reservation period or transaction lifecycle determined by the platform.

A reservation may be released where an order expires, payment is not submitted within the permitted period, payment is rejected, the buyer is ineligible, the buyer cancels where cancellation is permitted, or the transaction otherwise cannot proceed.

A reservation is not ownership of the domain. Ownership or registrant control changes only when the applicable transfer process is successfully completed.

13. Invoices

A successful checkout may generate an invoice with a unique invoice number and secure access token. The invoice records the domains, expected USDC amount, receiving wallet, network and payment status associated with the order.

You should verify the invoice details before sending payment. If you are uncertain whether payment details are authentic, contact contact@domains123.com.au before sending funds.

14. USDC payment

Payment is accepted only in USDC on Ethereum (ERC-20), unless the marketplace expressly states otherwise on the relevant invoice.

You are responsible for sending:

  • the correct token;
  • on the correct blockchain network;
  • to the exact wallet shown on the invoice;
  • in the exact amount required by the invoice.

Sending another token, using another network, sending funds to another address or sending an incorrect amount may prevent payment approval and may result in loss or recovery difficulty.

Blockchain network fees, exchange fees and wallet fees are generally controlled by third parties and are your responsibility unless expressly stated otherwise.

15. Transaction hash submission and blockchain verification

After making payment, you may be required to submit the Ethereum transaction hash associated with your invoice. Submitted transaction hashes may be checked against public Ethereum blockchain data, including transaction receipt status, token contract, recipient address, transferred amount, blockchain confirmations and duplicate or previously used transaction hashes.

A transaction hash is evidence of a blockchain transaction, but submission of a hash does not automatically constitute payment approval. Payment remains subject to the marketplace verification and review process.

16. Blockchain finality and payment risk

Blockchain transactions can be irreversible. You are responsible for checking the payment details before sending USDC.

We are not responsible for losses caused solely by you sending funds to an address not displayed on your legitimate invoice, using an unsupported blockchain, sending an unsupported token, exposing your wallet credentials or authorising a fraudulent third-party transaction, except to the extent responsibility cannot lawfully be excluded.

Never send us a wallet seed phrase, private key or exchange password. domains123.com.au does not require these credentials to verify a payment.

17. Payment approval

A payment is not treated as approved merely because you state that payment has been sent. The payment may remain in a submitted or review state while the invoice, amount, recipient, network, transaction status and other relevant details are checked.

We may reject or hold a payment submission where the transaction does not match the invoice, appears duplicated, is incomplete, is inconsistent with the expected payment or requires manual investigation.

18. Transfer processing

After payment approval, domains123.com.au targets transfer processing within 24 hours where the required buyer, eligibility and registrar details are available.

This is a processing target, not a guarantee that the registrar, registry or receiving account will complete the transfer within that period. Transfer completion may be affected by buyer eligibility, auDA or registry requirements, registrar procedures, incorrect account details, required buyer confirmations, security checks or third-party processing delays.

19. Transfer completion

A domain transaction is complete when the applicable transfer workflow has been completed and the marketplace records the transaction as completed. After transfer, you are responsible for the receiving registrar account, domain renewal, DNS, nameservers, website hosting, email configuration, security and future compliance.

20. Cancellations

Whether an order can be cancelled depends on its current state. A pending order may be treated differently from an order where payment has already been approved or a transfer has begun.

We may cancel, expire or place an order under review where:

  • the reservation expires;
  • payment is not received or cannot be verified;
  • buyer eligibility cannot be confirmed;
  • registrar requirements cannot be satisfied;
  • the order is affected by fraud, abuse or a material error;
  • completion would violate applicable law or policy.

21. Refunds and failed transactions

Refund or other resolution rights depend on the circumstances of the transaction, the stage reached, applicable law and any rights that cannot lawfully be excluded. We do not operate a blanket “no refunds” rule where applicable law provides a mandatory remedy.

If a payment has been received but a transfer cannot proceed, the transaction may require manual review to determine the appropriate resolution. Third-party blockchain fees, exchange fees, wallet fees, registrar fees or other external charges may not be recoverable from those third parties.

22. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.

Where mandatory consumer rights apply, those rights prevail over any inconsistent provision of these Terms.

23. Buyer due diligence

You are responsible for carrying out the level of due diligence appropriate to the value and intended use of the domain. Due diligence may include trade mark and brand checks, historical archive review, backlink and anchor-text review, search reputation checks, technical and DNS history review, registrar and registry verification, compliance review for regulated industries and commercial suitability analysis.

If a legal, regulatory, tax or intellectual-property issue is material to your purchase, you should obtain appropriate professional advice before buying.

24. Intellectual property and third-party rights

Purchasing a domain does not grant you rights in any third-party trade mark, business name, logo, copyrighted work, brand asset or other intellectual property. You are responsible for checking whether your intended domain use may conflict with the rights of another party.

We may remove, suspend or decline a listing or transaction where a credible intellectual-property, policy or legal issue requires review.

25. Acceptable use

You must not use the website or marketplace to:

  • attempt unauthorised access to accounts or systems;
  • interfere with another buyer's reservation;
  • submit false or altered payment evidence;
  • reuse a transaction hash dishonestly;
  • scrape or overload the service in a harmful manner;
  • impersonate another person or business;
  • submit materially false eligibility or registrar data;
  • use the marketplace in violation of applicable law.

26. Website availability

We aim to keep the marketplace available and accurate, but uninterrupted access is not guaranteed. The site may be temporarily unavailable because of maintenance, database issues, hosting problems, blockchain provider issues, registrar systems, security incidents, internet outages or other technical events.

27. Third-party services

The marketplace may depend on or link to third-party services, including registrars, registry services, blockchain networks, blockchain data providers, email services, hosting providers, analytics services or external research tools. Third-party services operate under their own terms, policies and technical conditions.

28. No guarantee of business outcome

A domain name can be an important digital asset, but a domain purchase does not guarantee a successful business, profitable affiliate site, approved gambling operation, search ranking, traffic level, conversion rate, revenue level, sale value or future resale price.

You make your own commercial decisions and remain responsible for development, content, marketing, compliance, security, hosting and operation of the domain after transfer.

29. Limitation of liability

To the maximum extent permitted by applicable law, domains123.com.au is not liable for indirect, incidental, special or consequential loss arising solely from matters outside our reasonable control, including search-engine ranking changes, third-party platform decisions, registrar delays, blockchain network conditions or a buyer's independent use of a domain.

Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited.

30. Your responsibility for your use of the domain

You are responsible for your own website, marketing, advertising, content, products, services and regulatory compliance after acquiring a domain. To the extent permitted by law, you are responsible for losses or claims caused by your unlawful use of the marketplace or your unlawful use of a transferred domain.

31. Privacy

Personal information is handled in accordance with the domains123.com.au Privacy Policy. Information may also need to be provided to registrars, registry-related services, payment-verification systems or other service providers where reasonably necessary to process an order or transfer.

See the Privacy Policy for more information.

32. Communications

By creating an account or placing an order, you agree that we may send transactional communications reasonably necessary for account verification, invoices, payment review, transfer processing, security and support. Transactional communications are separate from optional marketing communications.

33. Changes to these Terms

We may update these Terms where necessary to reflect changes to the marketplace, technology, payment methods, transfer procedures, law or policy. The current version will be published on this page with an updated date.

34. Severability

If a provision of these Terms is found to be invalid, unenforceable or unlawful, that provision will be interpreted or limited to the extent necessary where legally possible, without automatically invalidating the remaining provisions.

35. Disputes and support

If you believe there is a problem with an order, invoice, payment or transfer, contact us promptly with the relevant order or invoice details. We will review the transaction record and available evidence and attempt to resolve the matter in good faith.

These Terms do not prevent either party from exercising rights available under applicable law.

36. Contact

Questions about these Terms, an order or a domain transfer can be sent to:

domains123.com.au
Email: contact@domains123.com.au

Important legal note

These marketplace Terms are intended to describe the domains123.com.au transaction process clearly. They are not a substitute for legal advice about your specific business, domain, regulatory obligations or proposed use.

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Premium, expired and brandable Australian .com.au domains across multiple industries and project types.

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