1 – GENERAL
Agmarket Australia Pty Ltd provides a web-based platform that facilitates user-generated advertising listings for the purposes of generating exposure for farm clearing sales, and farm plant, machinery, and equipment for sale (referred to herein as the agmarket platform). Agmarket Australia Pty Ltd provides this service to provide an environment that connects sellers throughout the Australian agricultural sector with prospective buyers.
1.1 – By visiting, registering for an Agmarket Australia Pty Ltd membership and or advertising on the agmarket platform, you unreservedly agree to comply with the terms and conditions of use defined herein.
1.2 – Agmarket Australia Pty Ltd reserves the right to update, amend or revise any or all of these terms and conditions at its sole discretion from time to time and without notice.
1.3 – These terms and conditions of use are current as at the 1st of September, 2020.
1.4 – It is your responsibility to ensure ongoing compliance with the most current version of the terms and conditions of use published to the agmarket platform.
1.5 – If you do not agree to be bound by and comply with the terms and conditions of use as defined herein, you must immediately discontinue your use of the agmarket platform.
1.6 – Agmarket Australia Pty Ltd reserves the right to taken action over any breaches to these terms and conditions at its discretion.
1.7 – The terms and conditions contained herein represent the whole agreement between Agmarket Australia Pty Ltd and you. No other express or implied terms may be construed as applying to these terms and conditions except where required by law under Commonwealth or State or Territory legislation.
2 – USER MEMBER ACCOUNTS
2.1 – Users may register for an account with the agmarket platform to gain access to restricted features including all listing and advertising functionalities. The registration process requires you to provide a range of information that will be associated with your account. You must provide accurate, complete and up-to-date information and complete all mandatory fields as requested.
2.2 – Security and confidentiality of your account login details are solely your responsibility. You are wholly responsible for all activities which occur under your account. You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.
2.3 – It is your ongoing responsibility to ensure that all information associated with your member account is complete and current.
2.4 – Individuals must not register for multiple member accounts. Multiple members (for example, employees) of an individual corporate entity are permitted to register for separate accounts.
2.5 – We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the agmarket platform, including if we believe you are abusing the services in any way, have breached these terms and conditions of use, or are no longer an active member.
3 – USER CONDUCT
3.1 – Users of the agmarket platform are strictly prohibited from engaging in the following conduct in association with use of the platform:
a) Users must not utilise the agmarket platform in breach of any applicable state or territory laws or for any unlawful purpose.
b) Users must not utilise the agmarket platform for any purpose other than that for which the platform was intended as defined under section 1 of these terms and conditions.
c) Users must not utilise the agmarket platform to transmit ‘spam’, unsolicited emails, messages or ‘junk mail’.
d) Users must not upload, transmit, publish or otherwise make available any material that:
i. Infringes or has the potential to infringe on the intellectual property rights of any other person.
ii. Contains, promotes, or provides information about unlawful activities or conduct.
iii. Is, or could reasonably be expected to be defamatory, obscene, offensive, threatening, abusive, pornographic, indecent or otherwise unlawful.
iv. Includes an image or personal information of another person or persons unless you have their consent.
v. You know or suspect to be false, misleading or deceptive.
vi. Contains viruses, malware, ransomware or other computer codes that are designed to interrupt, limit or destroy the functionality of other computer software or hardware.
vii. Contains any professional advice.
viii. Is not for the strict purpose of utilising the agmarket platform for its intended purpose as defined under section 1 of these terms and conditions of use.
e) Interfere with, disrupt or otherwise affect the structure, functionality, content or other elements of the agmarket platform.
f) Use the agmarket platform with the assistance of any automated scripting tool or software.
g) Copy any element of the agmarket platform structure, content or functionality.
4 – ADVERTISING
4.1 – Advertising package options
4.1.1 – Agmarket Australia Pty Ltd offers a range of advertising packages that enable users to select a level of promotion that suits their goals and budget. By selecting a nominated advertising package and electing to publish to the agmarket platform you agree to pay the prescribed fee that is associated with the package you have selected before the advertisement is published to the platform. Agmarket Australia Pty Ltd does not store your payment information. Upon receipt of payment and approval of your advertisement subject to these terms and conditions, Agmarket Australia Pty Ltd agrees to promote your advertisement on the agmarket platform in accordance with the advertising package inclusions described herein.
4.1.2 – Free Listing advertising package. The Free Listing advertising package includes 1 x free listing on the agmarket platform that will feature in the farm clearing sale or plant, equipment and machinery search listings depending on the type of advertisement. There is no fee payable for the Free Listing. Users may upload unlimited images for the listing. There is no expiry period for the Free Listing.
4.1.3 – Plus Listing advertising package. The Plus Listing advertising package includes the inclusions of the Free Listing with the added benefit of exposure on the agmarket Facebook and Twitter profiles. A one off fee of $10.00 is payable for each Plus Listing. There is no expiry period for the Plus Listing.
4.1.4 – Where Agmarket Pty Ltd contracts with a user to publish, display and/or promote their advertisement, the user acknowledges and agrees that the advertisement is entirely at the user’s risk.
4.1.5 – Agmarket Pty Ltd does not offer any warranty, guarantee, assurance or otherwise regarding the potential performance or success of the user’s advertisement.
4.2 – Terms of advertising
4.2.1 – By publishing any information to the agmarket platform, you warrant that:
a) You have all rights and titles associated with the information, including full ownership, licenses, grants or authorisations, necessary to permit publishing on the agmarket platform;
b) All of the information that you publish to the agmarket platform is complete, accurate, current and in no way misleading or deceptive;
c) The information in no way infringes upon any laws, regulations or third-party property rights;
d) Any part or all of the information in no way constitutes a breach of these terms and conditions of use.
4.2.2 – You grant Agmarket Australia Pty Ltd, its officers, directors, members and agents indemnity from and against any and claims or actions including but not limited to costs, losses, damages or fees resulting from any breach of these terms and conditions of use, any information that you upload, transmit or publish to the agmarket platform or any conduct in which you engage in association with the agmarket platform.
4.2.3 – Agmarket Australia Pty Ltd reserves the right to:
a) review, modify, reformat, reject or remove any information that you upload, post, transmit or publish to the agmarket platform, that in our opinion violates these terms and conditions or otherwise has the potential to harm, offend, or violate the rights of any person, and;
b) monitor the agmarket platform and store or disclose any information that we collect in relation to an investigation of any potential breaches of these terms and conditions or as required by law, and;
c) terminate your agmarket platform account if any breach of these terms and conditions is found.
4.2.4 – Agmarket Australia Pty Ltd accepts no liability in relation to any information uploaded, transmitted, published or otherwise made available on the agmarket platform by any users, advertisers or other parties external to Agmarket Australia Pty Ltd.
4.2.5 – Agmarket Australia Pty Ltd does not endorse, support or in any way promote any opinion, advice, statement or other information uploaded, transmitted or published to the agmarket platform by any users, advertisers or other parties external to Agmarket Australia Pty Ltd.
5 – THIRD-PARTY WEBSITE LINKS AND ADVERTISEMENTS
5.1 – Outbound links.
5.1.1 – We may feature or display links, content or advertisements on the agmarket platform that direct users to websites operated by third parties. Any such websites do not form a part of the agmarket platform and are beyond the control of Agmarket Australia Pty Ltd.
5.1.2 – Visitors to the agmarket platform who choose to interact with these links do so at their own risk.
5.1.3 – Agmarket Australia Pty Ltd accepts no responsibility in relation to any third part websites that may be accessed via links on the agmarket platform.
5.1.4 – Agmarket Australia Pty Ltd accepts no responsibility for the privacy practices for any third party website accessed via the agmarket platform.
5.2 – Inbound links. You must not link to the agmarket platform from any other website without prior written consent from Agmarket Australia Pty Ltd.
5.3 – Advertisements.
5.3.1 – Agmarket Australia Pty Ltd may elect to feature or display third party advertising on the agmarket platform from time to time. Any such advertisement shall not be construed as being recommended, endorsed, supported or otherwise by Agmarket Australia Pty Ltd. We accept no liability for the content of the advertisement whatsoever. If you choose to interact, correspond or transact with any advertiser on the agmarket platform, you do so entirely at your own risk.
6 – DISCLAIMER
6.1 – You use the agmarket platform entirely at your own risk. Agmarket Australia Pty Ltd offers no warranties in relation to the completeness or accuracy of any information on the agmarket platform or that the agmarket platform or its server is free of viruses or any other harmful components.
6.1.1 – You should make your own inquiries and take independent advice before making any decisions to correspond or transact with any advertiser on the agmarket platform.
6.1.2 – Agmarket Australia Pty Ltd will not be liable for any loss resulting from any action or decision by you in relation to any information, including advertisements on the agmarket platform.
6.1.3 – Any transactions that occur between users of the agmarket platform is strictly between those parties. Agmarket Australia Pty Ltd is in no way a party to the transaction and will assume no liability in association with the transaction.
7 – INDEMNITY
7.1 – You agree to fully indemnify Agmarket Australia Pty Ltd against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of the agmarket platform, including any breach by you of these terms and conditions of use.
8 – LIMITATION OF LIABILITY
8.1 – You use the agmarket platform at your own risk. To the extent permitted by law, we exclude all conditions and warranties relating to your use of the agmarket platform that are not expressly set out in these terms and conditions of use. Under no circumstances will Agmarket Australia Pty Ltd be held liable for any direct, indirect, incidental or consequential loss or damages including loss of profits, revenue, production, goodwill, data or opportunity, arising in connection with the agmarket platform.
9 – INTELLECTUAL PROPERTY
9.1 – The agmarket platform contains material that is protected by copyright, registered trademark and other intellectual property protection laws and regulations.
9.1.1 – You do not have any right, title or interest in or to any proprietary rights in relation to any of the information displayed on the agmarket platform, except where expressly provided for under these terms and conditions of use.
9.1.2 – You are not permitted to copy, transmit, republish or otherwise distribute any of the information displayed on the agmarket platform.
9.1.3 – Nothing on the agmarket platform should be construed as granting any right of use in relation to any logo, brand identity or trademark without the express consent of the relevant owner.
9.1.4 – Agmarket Australia Pty Ltd expressly reserves all intellectual property rights in relation to the agmarket platform.
10 – NO WAIVER
10.1 – No waiver of any term of these terms and conditions of use shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the terms and conditions of use shall not constitute a waiver of such right.
11 – SEVERABILITY
11.1 – If any section of these terms and conditions of use is deemed invalid by a court of competent jurisdiction, the invalidity of such section shall not affect the validity of the remaining sections of the terms and conditions of use. All other sections of these terms and conditions remain in full force and effect to the extent that they may operate with the exclusion of any legally invalid sections.
12 – APPLICABLE LAW
12.1 – These Conditions shall be construed in accordance with and governed by the laws of South Australia, Australia. You agree to submit to the exclusive jurisdiction of the courts in South Australia to determine any matter or dispute which arises under these terms and conditions of use.