EqS Aus - Terms And Conditions

EQUINE SALES AUSTRALIA

WEBSITE TERMS AND CONDITIONS OF USE

1 ABOUT THESE TERMS AND CONDITIONS

1.1 By accessing or using the Website, you agree to be bound by the Terms and Conditions set out below.

1.2 We recommend that you carefully read these Terms and Conditions before you use the Website.

1.3 We may change the Terms and Conditions at any time. You should regularly check the Terms and Conditions for changes.

1.4 These Terms and Conditions comprise the complete agreement between you and ESA.

1.5 You should not use the Website if you do not agree to these Terms and Conditions.

2 DEFINITIONS

For the purposes of these Terms and Conditions, unless the context otherwise indicates:

2.1 “Advertisement” means an advertisement for the sale of an Item submitted by a Seller to be published by ESA on the Website for viewing by Users;

2.2 “Buyer” means a person who agrees with a Seller to buy an Item offered for sale by the Seller in an Advertisement published on the Website;

2.3 “Copyright Material” means the content of the Website, including but not limited to all information, photographs, drawings and headings published on the Website;

2.4 “ESA” means Equine Sales Australia, the publisher of the Website;

2.5 “GST” means goods and services tax or similar value added tax levied or imposed in Australia under A New Tax System (Goods and Services Tax) Act 1999 (Cth) or otherwise on a supply;

2.6 “Item” means an item advertised for sale in an Advertisement;

2.7 “Seller” means a person who has submitted an Advertisement for the sale of an Item for publication on the Website;

2.8 “Terms and Conditions” means the terms and conditions for the use of the Website set out in this document as amended from time to time;

2.9 “User” means any Buyer, Seller or any other person who browses, views accesses or otherwise uses the Website; and

2.10 “Website” means www.equinesales.com.au and its related web pages.

3 DISCLAIMER

3.1 The User acknowledges that ESA provides merely an on-line forum for Sellers to advertise Items for sale to potential Buyers and that ESA is not involved in the actual transaction between Sellers and Buyers for the sale of an Item.

3.2 As a consequence of the foregoing, the User acknowledges that ESA has no control over and, to the extent permitted by law, makes no warranties to any User in relation to:

3.2.1 The suitability, quality, safety or legality of any Items advertised for sale on the Website, including whether the Items are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the Seller or owned by the Seller;

3.2.2 The reliability, accuracy, truth or completeness of:

3.2.2.1 Any Advertisements or the Copyright Material on the Website;

3.2.2.2 Any website that links from the Website; or

3.2.2.3 Any information received as a result of using the Website;

3.2.3 The availability of the Website to be accessed continuously;

3.2.4 The Website being free from errors or viruses; or

3.2.5 The ability of Sellers and Buyers to actually enforce or complete a sale.

3.3 Information published on the Website should not be used as a substitute for professional equine or other advice and ESA recommends professional advice is sought with respect to any transaction made in connection with the Website.

4 COPYRIGHT

4.1 Unless otherwise indicated on the Website, copyright in the Copyright Material is owned by ESA.

4.2 A User must:

4.2.1 Only copy or reproduce the Copyright Material for the purpose of browsing the Website or making a copy for your own personal, private or research use;

4.2.2 Not alter or modify the Copyright Material or remove any legal notice associated with it;

4.2.3 Modify, copy, distribute, transmit, display, perform, reproduce, publish or license any of the Copyright Material;

4.2.4 Use or attempt to use any of the Copyright Material to create any website or publication; or

4.2.5 Transfer or sell any information, functionality or products or services offered on the Website;

without ESA’s prior written consent.

4.3 Equine Sales Australia, ESA, equinesales.com.au and other names of ESA product and/or services referenced herein are trademarks of ESA. Other product and company names mentioned on the Website may be the trademarks of their respective owners.

4.4 In consideration of ESA allowing a User to access and use the Website, each User grants to ESA a non-exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material a User posts, uploads or otherwise transmits and to sub-licence the same for such purposes as ESA determines from time to time.

4.5 The Website is to be used for personal and non-commercial purposes only.

5 ADVERTISEMENTS

5.1 To submit an Advertisement for publication on the Website a Seller must:

5.1.1 Be at least 18 years of age;

5.1.2 Register with ESA by completing the online registration form;

5.1.3 Complete the online advertising form for each Item for sale (no multiple Item Advertisements will be accepted);

5.1.4 Pay the advertising fee at the rate set out in the application.

5.2 In submitting an Advertisement for publication on the Website, the Seller agrees to being contacted by ESA for the purposes of verifying or clarifying the information contained in the Advertisement, and to provide any additional information ESA reasonably requires.

5.3 In completing the online advertising form, a Seller warrants that:

5.3.1 It has the legal right to sell the Item for sale;

5.3.2 The Item for sale is located in Australia;

5.3.3 The Item for sale is described correctly and accurately;

5.3.4 The Advertisement complies with all relevant laws;

5.3.5 The Advertisement is not illegal, fraudulent, obscene, offensive, defamatory;

5.3.6 The Advertisement is not misleading or deceptive or likely to mislead or deceive;

5.3.7 It has obtained permission from the copyright owner of any third party material submitted with the Advertisement, such that the publication of the Advertisement will not infringe the intellectual property rights of any person including any company or organisation;

5.3.8 Any person appearing in any photograph submitted with an Advertisement is at least 18 years of age and has consented to the photograph being submitted for publication on the Website;

5.3.9 Where GST is applicable on any Items listed, the advertised price is inclusive of GST.

5.3.10 The Advertisement does not contain references or links to any other website.

5.4 Once an Advertisement is submitted by a Seller:

5.4.1 The application for the Advertisement cannot be cancelled;

5.4.2 The Seller thereby assigns to ESA all copyright and other intellectual property rights in the Advertisement;

5.4.3 ESA has no obligation to accept the Advertisement for publication on the Website and may in its absolute discretion refuse to publish an Advertisement or withdraw an Advertisement from publication;

5.4.4 The Seller will not be entitled to a refund for the advertising fee if ESA refuses to publish or withdraws an Advertisement because the Seller was in breach of these Terms and Conditions;

5.4.5 ESA has absolute editorial control over the publication of the Advertisement; and

5.4.6 The Seller must immediately notify ESA as soon as an Item advertised for sale is sold or withdrawn from sale.

6 INDEMNITY BY SELLER

In consideration of ESA allowing a Seller to submit an Advertisement for publication on the Website, the Seller agrees to indemnify ESA and its officers, employees, contractors and agents against all actions, claims, proceedings and demands (including legal costs and expenses) which may be instituted against ESA arising out of:

6.1 A breach of these Terms and Conditions by the Seller;

6.2 Any willful, unlawful or negligent act or omission of the Seller;

6.3 The publication by ESA or any other person of the Seller’s Advertisement;

6.4 The sale or offering for sale of any Item by the Seller;

6.5 Any misdescription or false information contained in an Advertisement; and

6.6 Any Item not being of merchantable quality or being unfit for the purpose for which it is intended.

7 LIABILITY OF ESA

7.1 The liability of ESA to a User is limited to the provisions of these Terms and Conditions and to any term implied by consumer protection laws to the supply of this kind of service that cannot be excluded.

7.2 Subject to the foregoing, ESA is not liable to a User for:

7.2.1 Any loss suffered by a User whatsoever

7.2.2 Any loss to the extent that it is caused by that User or another User (for example, by the User’s negligence or breach of contract);

7.2.3 Any loss to the extent that it results from a User’s failure to take reasonable steps to avoid or minimise their loss;

7.2.4 Any loss caused by ESA failing to comply with its obligations to a User where that failure to comply is caused by events outside ESA’s reasonable control (including but not limited to a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission);

7.2.5 Any loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage; or

7.2.6 Any loss due to any misdescription contained in an Advertisement or any Item not being of merchantable quality or being unfit for the purpose for which it is intended.

8 EXTERNAL LINKS

8.1 The provision of a link on the Website to the website of a third party does not constitute ESA’s recommendation or endorsement of the third party or its website.

8.2 ESA accepts no responsibility for the content, reliability or credibility of any website linked to the Website.

9 TERMINATION

ESA may terminate a User’s right to access and use the Website at any time for breaching these Terms and Condition or at its sole discretion.

10 GENERAL PROVISIONS

10.1 Relationship

The relationship between a User and ESA remains that of independent contractors. No agency, partnership, joint venture or employment relationship is intended or created by these Terms and Conditions.

10.2 Severability

If any provision of these Terms and Conditions or part thereof is held illegal unenforceable or otherwise invalid, that provision or part shall be deemed to be severed and the remainder of these Terms and Conditions shall continue in effect.

10.3 No waiver

The failure of ESA to enforce at any time any of the provisions of these Terms and Conditions must not be interpreted as a waiver of such provision.

10.4 Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of South Australia, Australia and the parties agree to submit to the jurisdiction of the state of South Australia, Australia.

Please contact ESA with any queries you may have about the Website or these Terms and Conditions.