Terms and Conditions

Farm Trader Terms of Use

Welcome to The Farm Trader Australia website: www.farmtender.com.au

These terms and conditions ("Terms") replace the Terms and Conditions dated 6 February 2012 and comes into effect upon You, the user, using the services offered by this website.

Please carefully read all of these terms of use of this website. This is the basis upon which The Farm Trader Australia Pty Ltd (ABN 30 142 666 831) ("Farm Trader") agrees to provide You with access to and the right to use the platform. By using this website, You agree to the following terms, including Your agreement to pay the fees as set out in the respective Selling Fee Schedule shown in the attachment.

Please note that the use of the platform allows You to enter information including about You and Your business. This may include personal information such as names, email addresses, and phone details. Farm Trader respects Your privacy and privacy of others and will use this information in accordance with Farm Trader's Privacy Policy.

Terms

In these terms ("Terms""), "We" "Us" and "Our" refers to Farm Tender. "You" "Your" refers to You, the user ("User"). This Website is owned and operated by Farm Trader under the domain name "www.farmtender.com.au". Any reference to the "Website" refers to this website. We reserve the right to amend these terms at any time and Your use of the Website following any amendments will represent Your agreement to be bound by these amended terms. We therefore recommend that each time You access our Website and You read these terms. Your use of the services, information, text, graphics, materials and other content on the Website is governed by these Terms.

Your use of this Website (for both registered and unregistered users) indicates Your agreement to be bound by the Terms.

Additional Documents

These Terms incorporate the details listed on the Sales Confirmation that is sent to You by Farm Trader.

Conditions of Use

To register as a User, You must be over the age of 18 and You must provide accurate personal information, including Your full name and address and Your email address and phone number. Farm Tender will deal with Your personal information in accordance with its Privacy Policy.

You must keep Your username and password to access the Website secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to Farm Tender that You accept all liability for any unauthorised use of any username and password issued to You.

Sales of farm machinery & equipment

Worksafe Victoria (Worksafe) and Farm Tender require the sellers of farm equipment to provide as much information as is necessary to the purchaser of such equipment to allow that equipment to be used safely and to ensure that it does not create health risks to anyone exposed to such equipment. Accordingly, Farm Tender requires the sellers of farm equipment provide all of the following information to the relevant purchaser:

1. the manufacturer's operating manual;
2. all maintenance and service records;
3. all relevant details about known hazards; and
4. any and all other information relevant to the safe use of the such equipment.

If You choose to sell Your farm equipment through the Website, You acknowledge and agree that You are solely responsible for providing all of the above information and for ensuring that the equipment (and all parts to it) is in good operating condition, unless You are selling Your equipment as scrap material or for use as spare parts only.

The Farm Trader's Obligations

Farm Tender's role is only that of facilitation and has no obligation in any form, to You or to any person / entity placing an offer or registering an interest in any offer on the Website. We provide an information platform for both registered and unregistered users.

Limitation of Liability

To the full extent permitted by law, except as expressly provided in these Terms, Farm Trader does not give any warranties in respect of the Website or Products purchased and excludes all liability of any kind, however arising, for any loss incurred by You, for any defects and any errors, inaccuracies or omissions in the Website or any information communicated by Farm Trader by means of the Website or otherwise. If Farm Trader considers that information on the Website is unreliable or inaccurate, Farm Trader may, as its only obligation in that regard and at its election to use reasonable efforts:

1. to inform You if You have made a purchase of the error, inaccuracy or omission;
2. to endeavour to make an appropriate correction;
3. to remove any content, including but not limited to links to other websites, without giving any explanation or justification; or
4. to suspend the operation of all or any part of the Website.
   

   In no event will Farm Trader be liable to You nor to any third party for any loss or damage of any kind arising from Your use of the Website, Your reliance on any information found on the Website or any technical failures, delays in operation or transmission or malfunctions in equipment or software.

   Important note: In the event that the supply of services under or incidental to these Terms constitutes a supply of services to a consumer as defined in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation ("the Australian Consumer Law") nothing contained in these Terms excludes, restricts or modifies any condition, warranty or other obligation in relation to these Terms to be supplied hereunder where to do so is unlawful. To the full extent permitted by law, Farm Trader's sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which You may sustain or incur, shall be limited to:

5. in relation to services:
   
   1. the supplying of the services again; or
   2. the payment of the cost of having the services supplied again, in each case as Farm Trader may elect.

Fees

Farm Tender's will only charge the seller of a transaction. The fees and charges (Fees) a seller will pay Farm Tender are listed on the Privacy Policy Farm Tender Selling Fees page. All sales made through the Website are made in Australian Dollars (AUD) and are exclusive of GST. The Fees are subject to change.

Farm Tender will charge the seller of a transaction a Fee based on a percentage of the sale price of an item or a fixed price as detailed on the Farm Tender Fees page. Your particular transaction may also be charged administrative fees, as detailed on the Farm Tender Fees page. [Upon completion of Your transaction, Farm Tender will generate an invoice and send this to the email address You have listed on Your Website account, if You are the seller in that transaction.

You must pay Your invoice balance in full, by the date for payment stated on Your invoice. If You do not keep Your account current, Your account may be suspended for non-payment and You may be responsible for collection costs.]

You agree to pay all Fees associated with the Website and Farm Tender services in a timely manner with a valid payment method. If Your payment method fails or Your account is past due, we may collect fees owed using other collection mechanisms. (This includes but is not limited to: charging other payment methods on file with us; or retaining collection agencies and legal counsel.)

Pricing on the advertisements

All prices provided and set on the Website are the responsibility of the third party advertisers publishing the item. Farm Tender provides a platform only for the seller and buyer and will not be responsible or drawn into any negotiations or disputes as a result of the listing. Farm Tender does not guarantee the accuracy of pricing information on the Website. Please note that no preferential treatment will be given to particular companies over others.

Use of the Website

Material contained on the Website is supplied solely for reference purposes. You agree that You will not: disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or Linked Websites; disrupt or interfere with any other user's enjoyment of this Website or Linked Websites; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website; use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through it; use any robot, spider, metatags, other automatic device or manual process to monitor or data mine, alter, modify, any Web pages on the Website, or any of the content contained within. The services and material made available on the Website is provided as general information only. The material is not professional, expert nor other advice and is not to be used as a substitute for such advice. Any statements made on the Website may not be appropriate, correct or sufficient for Your circumstances; should not be relied on as the only reason You do or don't do anything; and may not be continually accessible or free from errors or viruses.

Our Rights

Farm Tender reserves the right to suspend or terminate Your registration without notice if We suspect that You have engaged in fraudulent activity in connection with our Website, or if You post offensive or inappropriate messages or content on the Website. We may withdraw or alter any material You provide us (including any content You submit and if You are a seller or buyer, Your ad) if:

(a) we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies), any law or third party rights; or (b) we are instructed to do so by any third party, including any appropriate regulatory body.

While it will not be Our practice to manage or change the content of any contributions we reserve the right to edit or remove any information deemed to be inappropriate, offensive, misleading or deceptive or defamatory. We do not need to provide You with any reason for doing so.

Warranties

Whilst reasonable steps have been undertaken to ensure that information is free from error, Farm Tender does not warrant the accuracy, adequacy or completeness of material on the Website. You are responsible for assessing the accuracy of all material presented on the Website and rely on such material at Your own risk. All information is subject to change without notice. We do not warrant or represent that our services and/or Your access to the Website will be continuous, uninterrupted, timely, fault free, virus free or secure, due to numerous factors outside our control (such as malfunction in equipment or software, difficulties accessing the Internet, or delay or failure of transmission. The Website may also contain hyperlinks to other external Websites, which are owned or operated by third parties independent of Farm Tender. We do not sponsor, endorse or approve of the operators of these sites, or the material they display. We make no warranties with respect to these sites. We do not manage, nor take responsibility for the content, of any hyperlinked sites or pages and the information supplied may not be accurate. If You link to any third party site, You do so entirely at Your own risk.

Indemnity

You indemnify Farm Tender in respect of any liability incurred by Us for any loss or damage, howsoever caused, suffered by Farm Tender as a result of Your breach of these Terms and Conditions, or Your use of the Website.

Copyright and Trademarks

We do allow You to share copy providing that You reference Farm Tender as Your source. You must, in all respects, abide by the Trademarks Act 1995.

Delivery Policy

Once You have purchased a product on Farm Tender You will immediately be issued with an invoice sent to the nominated email address on the payment form and You agree to make payment in full by the date shown in the invoice. Please print this invoice and keep as a record of payment.

Security Policy

This site supports secured socket Layer (SSL) based transactions from a browser to the level of 128 bit or greater.

Refund Policy

Farm Tender offers a refund policy on our fee. Any fee will be refunded (less $40 admin costs) if both parties can prove that the deal went sour. A claim for a refund of fee must made within 30 days of the date of the invoice issued.

General

The law applicable to these Terms is the law of the State of Victoria, Australia. Should any provision of these Terms be held to be unenforceable or invalid, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and the remainder hereof will continue in full force and effect.

Any comment, feedback, idea or suggestions that You provide to Us through this Website becomes our property. If in the future We use any of Your material in promoting our Website or in any other way, We will not be liable for any similarities which may appear from such use. Furthermore, You agree that We are entitled to use any comments or feedback for any commercial or non-commercial purpose without compensation to You or to any other person who has transmitted Your Comments.

If You provide Us with material, You acknowledge that You are responsible for the content of such material including its legality, originality and copyright. Your Content can be used in any other directory, product, service or marketing material provided or used by Us, our related bodies corporate or by a third party to which we syndicate Your ad or Your Content.

These Terms and conditions of Use constitute the entire agreement between You and Farm Trader with respect to this Website and its use and supersede any other agreement, or any other discussion or communication of any kind, written or oral.

Farm Trader will be excused form performance of its obligations in the event of a force majeure event, including any cause or event that Farm Trader does not have direct control, including internet or communications problems, internet service provider or hosting facility failures, electricity or telecommunications failures or unauthorised access or theft.