Equine.com.au - Terms and Conditions © 2010 May
This Agreement between you and us describes the terms and conditions for your use of the Equine.com.au website http://www.Equine.com.au ("Website") and the services available on our Website. This Agreement applies to registered members as well as browsers of our Website who are not registered members.
To register as a member of our Website, you must be a natural person who is at least 18 years of age. If you do not qualify, you must not register as a member of our Website.
2. Nature of activities on our Website
You acknowledge that, although some items on our Website may be listed in an auction-style format, Equine.com.au is not a traditional "auctioneer" and is not involved in any transactions between you and other members of our Website. Our Website is simply a forum for the distribution and publication of information about horses and related items which are available for sale and allows you to enter into transactions with other members of our Website.
3. No warranties
The information and content contained on our Website is provided "as is" and neither we, nor any third parties, provide any warranty or guarantee as to:
(a) the title, quality, condition, safety, merchantability, legality or suitability for any particular purpose of any horses or related items listed for sale on our Website;
(b) the accuracy, timeliness, performance, completeness or suitability of any information or content contained on our Website;
(c) the ability of members to complete a transaction entered into with you; or
(d) the ability of members to act in accordance with this Agreement or lawfully in using our Website.
4. Your use of our Website
4.1 Use at own risk
You acknowledge that any information or content on our Website may contain inaccuracies or errors and that your use of our Website is entirely at your own risk.
4.2 Your responsibilities
You agree that you are solely responsible for:
(a) investigating quality, condition, safety, merchantability, legality or suitability for any particular purpose of any horses or related items listed for sale on our Website;
(b) verifying the truth, accuracy or completeness of any information or content contained on our Website or provided to you by other users of our Website before relying on it; and
(c) ensuring that your listing, selling, bidding, buying and other activities conducted on our Website are lawful;
and agree that you will not:
(a) use any robot, spider, scraper or other automated means to access our Website for any purpose without our prior written consent;
(b) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Website or infrastructure;
(c) interfere or attempt to interfere with the proper working of our Website or any activities conducted on our Website;
(d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our Website; or
(e) use our Website in a manner that is not lawful or in our reasonable opinion, unacceptable, or provide us with false information.
Creating a link to our Website from another website or document, including deep linking to parts of our Website, is prohibited without our prior written consent.
5. Your listings and other content posted by you
5.1 Types of items and listings
(a) Only horses or related items may be listed on our Website for sale. Horses may only be listed for sale as a classified listing. Related items may be listed for sale as a classified listing or an auction listing.
(b) Auction listings may be in 3 different formats:
(1) an online auction listing;
(2) a fixed price "buy now" listing, with no bidding allowed; or
(3) an online auction listing with a "buy now" option, which allows members to choose whether to buy your item at a fixed "buy now" price or to bid in the auction.
5.2 Creating a listing and posting content
(a) You must:
(1) be a member of our Website to create a listing or to post content on our Website;
(2) be legally able to sell any horse or related item that you list for sale on our Website; and
(3) be prepared and willing to sell the horse or related item at the time of listing.
(b) You must not list a horse or related item which you are unable to or do not intend to sell.
(c) When listing your horse or related item for sale on our Website, your listing must:
(1) describe your horse or related item fully and accurately;
(2) be listed in an appropriate category;
(3) include all terms of sale which must be stated fully and accurately; and
(4) include the price for the horse or related item. Where GST is applicable, the listed price must be inclusive of GST and GST cannot be charged to the buyer as an additional cost on top of the listed price or winning bid.
(d) Your listing, and any other content that you post on our Website, must not:
(1) infringe any third party's copyright, trademark, privacy, confidentiality or other intellectual property rights;
(2) be false, misleading or deceptive;
(3) breach any applicable laws;
(4) be offensive, obscene, inappropriate, defamatory, libellous, threatening or harassing;
(5) contain any malicious code or data which causes harm or disrupts the intended functioning of our Website; or
(6) make any reference or contain any hyperlinks to any organisation or website that provides services to offer, sell, bid for or buy goods.
5.3 Our right to refuse, remove or alter listings or content
(a) We may refuse, remove or alter any information you provide to us including your listing and any content that you post on our Website, if we:
(1) reasonably believe that it breaches the terms of this Agreement; or
(2) are instructed to do so by any third party.
(b) We reserve the right to determine the duration of your listing, change the nominated category of your listing or remove your listing.
(c) If, as a result of our alteration or removal of your listing, the cost of your listing is lower than the listing fee paid by you, we will refund you the difference except where we have altered or removed your listing as a result of a breach of this Agreement by you.
5.4 Grant of licence
To the extent that you have any intellectual property rights in your listing and any content that you post on our Website, you grant us a royalty-free and irrevocable licence to use, reproduce, modify, adapt and sub-licence your listing and any content that you post on our Website.
5.5 Auction listings
If your item is listed for sale as an auction listing:
(a) an online auction starts when your listing is submitted, although there may be a delay from the time the listing is submitted by you to the time that it will be visible to members on our Website; and
(b) you must complete the transaction with the bidder with the highest bid above your reserve price (if any) at the end of the online auction, or in the case of a listing with a "buy now" option, the buyer of the item unless:
(1) the buyer fails to meet your terms of sale as describing in your listing; or
(2) you are unable to authenticate the buyer's identity
6. Bidding and buying
(a) You must be a member of our Website in order to bid on any item listed for sale as an auction listing.
(b) Upon registering a username, a password and a legitimate email address, your email address will be added to our email database for the purpose of sending you regular updates of Equine.com.au's email newsletter. You can unsubscribe from this service at any time by un-ticking the update option in your EquineBay user account settings.
(c) When you bid for an item in an auction listing (or in the case of a listing with a "buy now" option, when you buy the item), you agree with the seller to the terms of sale for that item as described by the seller in the listing.
(d) If you are the successful bidder of an item of an auction listing (or in the case of a listing with a "buy now" option, you are the buyer of the item), you are committed to buying that item on the seller's terms of sale and must complete the transaction with the seller unless:
(1) the transaction is illegal or in breach of this Agreement; or
(2) you are able to retract your bid and do so.
(e) If you fail to complete a transaction, you will be in breach of your obligations to Equine.com.au and the seller and you may be liable to each.
7.1 Listing fees
(a) When you list item for sale on our Horse Sales App, you must pay a listing fee to Equine.com.au.
(b) You will be charged the listing fees at the time you list your item for sale on our Horse Sales App and these fees will paid through the iTunes store.
(c) Listings placed through our website are free of charge.
8. National Donation Limit
8.1 National limit for donations
The total donations given by Equine.com.au will not exceed $11,000 nationally.
(a) you commit a breach of this Agreement which is not capable of being remedied;
(b) you commit a breach of this Agreement which is capable of being remedied but fail to remedy the breach within the time frame specified in our notice of the breach to you;
(c) your account balance is negative for 30 days or more;
(d) we reasonably believe that your actions may cause loss or damage to us or a third party;
(e) the law requires us to do so; or
(f) we receive a serious complaint or multiple complaints regarding your membership; we may, in our sole discretion and without notice to you :
(g) refuse to show, or delay showing, your listings or content on our Website;
(h) cancel your listings or remove your content from our Website; and
(i) suspend, terminate or limit your membership or your access to our Website.
10.1 Termination without cause
Notwithstanding any other term of this Agreement, you or Equine.com.au may terminate this Agreement at any time by giving 30 days' written notice to the other party via email.
10.2 Consequences of termination
Termination of this Agreement will result in:
(a) cancellation of your membership and refund of your account balance (if any);
(b) cancellation of your listings (if any);
(c) removal of your content posted on our Website (if any); and
(d) refusal of any subsequent registrations by you.
11. Liability and indemnity
(a) To the extent permitted by law, Equine.com.au is not liable to you for any loss, damage or liability arising out of or in connection with our services or Website, including, but not limited to:
(1) loss of profits or any special, indirect, incidental or consequential loss;
(2) any loss arising out of or in connection with any transaction between you and other members of the Website;
(3) loss caused by our failure to comply with our obligations under this Agreement where that loss is caused by events outside our reasonable control such as interrupted access to our Website.
(b) Where Equine.com.au's liability cannot be excluded, it is limited to:
(1) for goods:
(A) the cost of replacing the goods;
(B) the cost of obtaining equivalent goods; or
(C) the cost of having the goods repaired,
whichever is the lowest; and
(2) for services, the cost of providing those services.
(c) You release us from all claims, damages and liabilities (including indirect and consequential loss) arising out of or in connection with any transaction between you and other members of the Website.
(d) You indemnify us and our officers, directors, agents and employees against all claims, demands, losses and damages caused by or arising out of your use of our Website.
Any notices in relation to this Agreement must be given by email. In the case of Equine.com.au, the email address for service of notices is support@Equine.com.au.com.au. In your case, the email address in your account details with us (being the email address provided by you to Equine.com.au during the registration process as changed by you from time to time).
(a) We do not guarantee continuous, uninterrupted or secure access to our services on our Website and the operation of our Website may be interfered with from time to time by numerous factors outside of our control.
(b) The content of the pages of our Website is for your general information and use only. It is subject to change without notice.
(c) Unauthorised use of our website may give to a claim for damages and/or be a criminal offence.
13.2 Intellectual property
Our Website contains material which is either owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Agreement.
13.3 Other websites
Our Website may include links to other websites from time to time. These links are provided for your convenience to provide further information and do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
If any provision of this Agreement is void, illegal or unenforceable, it may be severed without affecting the other provisions in this Agreement.
13.5 No waiver
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You agree that this Agreement may be assigned by us in the event of a sale or other transfer of Equine.com.au or any part of Equine.com.au.
13.7 Entire agreement
This Agreement replaces all previous agreements about its subject matter and constitutes the entire agreement between you and us.
The terms of this Agreement survive its termination to the extent permitted by law.
13.9 Jurisdiction and governing law
This Agreement is made in the state of New South Wales, Australia and is governed by the laws of New South Wales, Australia. Your use of our Website and any dispute arising out of such use of our Website is subject to the laws of the Commonwealth of Australia and New South Wales