Please Read Carefully Before Using This Website:
A. TERMS APPLICABLE TO ALL USERS
Nature of activities on our Website
Our Website is simply a forum for the distribution and publication of information about horses and associated items (such as but not limited to saddles, tack, farm machinery and stallions at stud) which are available for sale and allows you to enter into transactions with other members of our Website.
Changes to Terms
The Website is directed to those individuals and entities located in Australia. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on this Website. Horse Property Pty Ltd makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside Australia. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Scope of Use
You agree that you are solely responsible for:
- investigating quality, condition, safety, merchantability, legality or suitability for any particular purpose of any horses or associated items listed for sale on our Website;
- 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
- ensuring that your listing, selling, buying and other activities conducted on our Website are lawful.
You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
Creating a listing and posting content
- be a member of our Website to create a listing or to post content on our Website;
- be legally able to sell any horse or associated item that you list for sale on our Website; and
- be prepared and willing to sell the horse or associated item at the time of listing.
- not list a horse or associated item which you are unable to or do not intend to sell.
- agree to grant us royalty free, the right to reproduce, modify, and use any photo submitted for publication to Horse Property Pty Ltd for marketing and promotional purposes. Have prior consent from photographers to use such photographs. Horse Property Pty Ltd will not be held responsible for any issues arising due to copyright protection on such photographs.
You must not:
- infringe any third party's copyright, trademark, privacy, confidentiality or other intellectual property rights.
- be false, misleading or deceptive.
- breach any applicable laws or regulations.
- be offensive, defamatory, libellous, threatening, harassing, or obscene to another member, management or employees of Horse Property Pty Ltd.
- list a service, horse or associated item using another person's membership.
- link directly or indirectly to include descriptions of goods and services that are prohibited, in direct competition to Horse Property Pty Ltd business or you do not have the right to link or include.
When listing your horse or associated item for sale on our Website, your listing must:
- describe your horse or associated item fully and accurately;
- be listed in an appropriate category;
- include all terms of sale which must be stated fully and accurately; and
- include the price for the horse or associated item inclusive of GST
Fee for a "Feature Listing"
At the time of listing your horse or associated item for sale on our Website or at any time during the duration of your listing, you may wish to upgrade your listing to a "Feature Listing" so that it will appear on the home page of our Website as well as appearing higher up in search results on our Website. If you "Feature" your listing, you must pay the Feature Listing fee.
Variation to fees
We may vary our fees from time and time and the new fees will appear on our Website. Our new fees will not take effect until 14 days from the date that they are posted on our Website.
Once an ad has been published on this Site, it is deemed to be published and live - no refund can be issued. Refunds will be issued if an ad is cancelled prior to appearing on the site and will be forwarded by way of direct bank deposit into the client's account within 14 days of cleared funds. Listings removed due to a breach of our terms and conditions will not be refunded.
Termination without cause
Notwithstanding any other term of this Agreement, you or Horse Property Pty Ltd may terminate this Agreement at any time by giving 14 days' written notice to the other party via email.
Termination of this Agreement will result in:
- Cancellation of your membership and refund of your account balance (if any);
- Cancellation of your listings (if any);
- Removal of your content posted on our Website (if any); and
- Refusal of any subsequent registrations by you.
Copyrights and Trademarks
The materials at this Site, as well as the organisation and layout of this site, are copyrighted and are protected by Australian and International Copyright Laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Horse Property Pty Ltd's copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Horse Property Pty Ltd.
Except as expressly provided under the "Scope of Use" section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Horse Property Pty Ltd. You may not use a part of this Website on any other Website, without Horse Property Pty Ltd's prior written consent.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Horse Property Pty Ltd that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any items or information through any means not intentionally made available or provided for through the Site.
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH HORSE PROPERTY PTY LTD EXPRESSLY DISCLAIMS. HORSE PROPERTY PTY LTD DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT AND HORSE PROPERTY PTY LTD WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. HORSE PROPERTY PTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY HORSE PROPERTY PTY LTD.
Governing Law, Location and Miscellaneous
You represent that you are a resident of Australia.
To use our Website, whether creating a listing, posting a comment, or buying an item listed for sale, you must be either at least 18 years of age or, if you are under 18 years of age, you must have the permission of a parent or guardian.
You are solely responsible for your interactions with other Users. Horse Property Pty Ltd reserves the right, but has no obligation, to monitor disputes between you and other Users.
Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. HORSE PROPERTY PTY LTD SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF HORSE PROPERTY PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY HORSE PROPERTY PTY LTD. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
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.
If any provision of this Agreement is void, illegal or unenforceable, it may be severed without affecting the other provisions in this Agreement.
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 Horse Property Pty Ltd or any part of Horse Property Pty Ltd
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
Accounts And Security
Horse Property Pty Ltd does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You may not:
- select or use a Login Name of another person with the intent to impersonate that person;
- use a name subject to the rights of any other person without authorisation;
- use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify Horse Property Pty Ltd of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Horse Property Pty Ltd's sole discretion, and you may be reported to appropriate law-enforcement agencies.