Terms and conditions

BLOODSTOCK.COM.AU
WEBSITE TERMS AND CONDITIONS

These Website Terms and Conditions (Terms) govern your use of the website located at www.bloodstock.com.au (Website) and form a binding contractual agreement between you, the user of the Website (you) and William Inglis & Son Ltd, the owner and operator of the Website (Bloodstock, us, we).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website.  You can contact us at:

William Inglis & Son Ltd
PO Box 477 
Randwick NSW 2031
Australia
Phone: 1300 711 683
Email: info@bloodstock.com.au     

By using the Website you acknowledge and agree that you have had sufficient chance to read and understand these Terms and you agree to be bound by them.  If you do not agree to these Terms, you must not use the Website. 

1.

Licence to use Website

We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with these Terms.

The Website is provided to you on an "as is", "as available" basis subject to these Terms for your reasonable personal and business use only. The Website allows you to submit listings related to the bloodstock industry, browse sellers’ listings and contact other users to negotiate a deal privately.  We also publish related information and links that may be of interest to those with an interest in the bloodstock industry.  You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for this purpose. 

The Website contains links to other websites as well as content added by people other than us, including content uploaded by registered users, advertisers (e.g. banners) and media providers (e.g. live news feeds).  While care has been taken when compiling the Website and obtaining warranties by these third parties in relation to this content, we cannot and do not screen or verify all material on the Website before it is posted.  We and our contractors, employees and agents are not responsible for and do not necessarily endorse, sponsor or approve any such user generated content or any content available on any linked website.

Despite any other terms, you agree we may check any material uploaded by you for compliance with these Terms.  You consent to us reasonably contacting you to verify the content of any material uploaded by you.

You acknowledge and agree that:

(a)

we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion;

(b)

we have the right to decide whether, where and how classifieds and other advertisements are listed on the Website and have the right not to include any specific headings, keywords, comments, or annotations with a listing; and

(c)

the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

2.

Intellectual Property Rights

The material on the Website is copyright © 2010 William Inglis & Son Ltd and/or other copyright owners.  We reserve all intellectual property rights, including, but not limited to, copyright in material and/or services provided by us.  

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.

By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.  This licence will survive any termination of these Terms.

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

You represent and warrant to us that you have all necessary rights to grant the licences and consents set out under this heading 2.

3.

Registering as a seller
 
In most cases, you must register and obtain a username and password before you are permitted to upload material onto the Website. We can decline registration of any person in our sole discretion.

You must update your personal information if it changes.  You consent to us contacting you from time to time to ensure your personal information is current.

You must protect your account information, including your login ID and password. All activity on the Website that occurs under your login ID is your responsibility and we may treat it as having been done by you.  You must notify us immediately if there is any unauthorised use of your login ID.

4.

Restrictions

Any use or attempt to use the Website for a purpose other than that expressly permitted by the licence in clause 1, whether directly or indirectly, by you or by a third party is prohibited.  Without limiting this, this prohibition includes:

(a)

reproduction, distribution and/or re-transmission of Website material in any material form and by any medium of communication;

(b)

uploading and/or reposting Website material to any other site on the world wide web;

(c)

“framing” the material on the Website with other material on any other website;

(d)

mirroring the Website, data or content from the Website, or results pages on any other website or medium;

(e)

facilitating or participating in any illegal activity via the Website;

(f)

uploading or otherwise transmitting any computer worms, viruses or similar through or on the Website;

(g)

damaging, modifying, interfering with, disrupting or destroying any files, data, passwords, devices or resources that belong to us;

(h)

using the log-on ID or password of another user or otherwise attempting to access or use their account without authorisation from that user or us;

(i)

data mining or sending automated queries of any kind to the Website without our prior written permission;

(j)

harvesting or otherwise collecting information about others (including email addresses and phone numbers) without their consent, other than to contact them about their classifieds in the ordinary course of using the Website;

(k)

holding yourself out as another person or business on the Website; and/or

(l)

engaging in any other activity that we (in our absolute discretion) think is inappropriate.

You must not add any content to the Website:

(a)

unless you hold all necessary rights, licences and consents to do so;

(b)

that would cause you or us to breach any law, regulation, rule, code or other legal obligation (for the syndication or the sale of shares in a horse, users should obtain legal advice on their obligations under the Australian financial services licensing provisions of the Corporations Act 2001 (Cth));

(c)

if the material and/or information is defamatory or a malicious falsehood in relation to any product, service, person or corporation;

(d)

if the material and/or information constitutes the “passing off” of any product or service and constitutes unfair competition;

(e)

that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(f)

that contains universal call-to-action phrases such as “click here”, “link here”, “visit this business”, or other similar phrases that could apply to any ad, listing or business, regardless of content, the type of business or its location;

(g)

that refers to unapproved, banned, illicit or otherwise illegal drugs or pharmaceuticals;

(h)

that contains information that features or advertises or otherwise lists off-shore or online casinos or gambling services;

(i)

that is unclear or contains unacceptable levels of spelling, punctuation or grammatical errors or over use of exclamation marks or capital letters;

(j)

that is not truthful and accurate;

(k)

that is misleading or deceptive or likely to mislead or deceive;

(l)

that would bring us, or the Website, into disrepute;

(m)

that infringes the intellectual property or other rights of any person;

(n)

that opens a pop-up when entering or leaving a linked website’s landing page; and/or

(o)

that contains links to sites featuring any of the above.

You agree to comply with any editorial policies we create from time to time.  We require that:

(a)

uploaded content be in Australian Standard English;

(b)

trademarks are used correctly and strictly in accordance with IP Australia guidelines;

(c)

text and links are kept up-to-date and accurate; and

(d)

keywords and headings are specific and accurately reflect the advertised item.

5.

Payments and security

Some of the services we offer on the Website are offered in exchange for a fee.  Prices are set and changed by us without notice to you by publishing them on the Website.  Payments must be made in Australian dollars.  We do not offer refunds.

We will use reasonable efforts to keep any payment information we have about you secure and ensure that our employees or agents who have access to this information do not make unauthorised use, modification, reproduction or disclosure of it.  We may engage a third party to provide a secure payment transaction facility that allows you to pay online and, in this case, we will not receive your payment information.  Your payment will be subject to the third party’s terms of use.

Fees for our services exclude GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth))unless otherwise stated.  Where the prevailing rate of GST changes, the new rate will be applied to the prices and the GST inclusive price for the service will be adjusted to account for the new rate of GST.  We will issue a tax invoice to the payer for any supplies made by us to which GST applies.

6.

Negotiations and deals

The Website simply offers sellers an online medium for advertising goods, services, property and jobs, and publication of related information. Unless otherwise engaged to do so, we are not involved in the actual transaction between sellers and buyers and do not act as agent or secretary for either party unless appointed to do so in writing.

We do not guarantee the success of any advertisement.

You agree that negotiations, deals and all other contact between you and other users of the Website are conducted entirely at your own risk.

We make the Website available for you and others to publish and receive information without assuming a duty of care to users. It is your responsibility to verify any information on the Website before relying on it. We are not in the business of providing professional advice and you agree that any purchases or other deals will be made solely in reliance on its own enquiries and inspections and that we give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites from the Website, the suitability, quality or existence of advertised items or the ability of users to actually enforce or complete a transaction. 

To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:

(a)

the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and

(b)

merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

We do not warrant that sellers are the legal owners of items listed.  We do not warrant that any statement made by or attributed to a party is accurate or that the published address of any party is the address at which a telephone call directed to that party is answered.  You may refer any inaccuracies or concerns to info@bloodstock.com.au, which we will deal with at our discretion.

You acknowledge that we are not liable for any direct, indirect or consequential loss or damage (including legal fees and other costs incurred) arising from or in any way connected with the purchase, sale or other agreement between users of the website and/or any inaccuracy or incompleteness of information contained on the Website or any of our related printed material.

Any press releases or other public announcements related to your advertisement on the Website, including their method and timing, must first be approved in advance by us in writing. You may not claim any association with us without our prior written permission.

7.

Warranties and indemnity

You represent and warrant to us that:

(a)

you are over 18 and otherwise have the legal capacity to enter these Terms; and

(b)

you have submitted full, truthful and up to date personal information in the user registration process.

(c)

any advertisements for financial products must comply with ASIC's regulatory guide 234 and consumer laws

If you offer horses or any other products or services for sale or lease on the Website you also warrant to us that:

(a)

all information given to the prospective purchaser is truthful, accurate and not misleading;

(b)

In relation to horses or shares in horses, comprehensive disclosure will be made to a purchaser prior to entering into agreement for sale or lease of the horse about whether the horse has been subject to:

(1)

surgical procedures; and/or

(2)

any prohibitions or restrictions imposed by a horse racing authority; and

(c) you are the legal owner or otherwise authorised to sell the advertised horse, product or services.

You indemnify and agree to keep indemnified us and our officers, employees, agents and subsidiaries against any loss or damage, direct, indirect or consequential (including legal fees and other costs incurred) by any third party arising out of or in any way connected to:

(a)

your use of the Website;

(b)

your breach of a warranty contained in these Terms;

(c)

your breach of any other of these Terms including any act, omission, negligence or default by you or your employees, licensees or clients; and

(d)

the content of your uploaded material and/or the negotiation, enforcement of deals or transfer of data or money between you and another user.

8.

Liability

To the full extent permitted by law, we exclude all liability in respect of any consequential loss and (to the extent not already covered by that phrase) loss of data, interruption of business, loss of profits and loss of opportunities.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.  Except as expressly contemplated by these Terms, we and our respective officers, employees and agents shall have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly out of your use of the Website.  This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website and as a consequence of removing any material and/or information from this Website.  You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations.  If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option to:

(a)

the supply of the services again; or

(b)

the payment of the cost of having the services supplied again.

 We do not warrant guarantee or make any representation that:

(a)

the Website or the servers that make the Website available on the world wide web are secure and free from errors or omissions, technical inaccuracies, errors, programming bugs, viruses, harmful content or components, interference (including malfunction of equipment or software, Internet access difficulties, or delay or failure of transmission) or duplicate data;

(b)

the functions contained in any software contained on the Website will operate uninterrupted or are error-free;

(c)

your or the general public’s access to the Website will be uninterrupted, provided without delay or in a timely fashion; and

(d)

errors and defects in the Website will be corrected.

We are not liable to you for errors or omissions in the Website or linked sites, delays to, interruptions of or cessation of the services provided in the Website or linked sites and defamatory, offensive or illegal conduct of any user of the Website, whether or not caused by us, our employees or independent contractors, whether by negligence or any other cause.

9.

Privacy

We and/or people authorised by us may gather and process the information:

(a)

which you may provide when accessing the Website, such as your name, address, email address and other personal information about you; and

(b)

regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.

Please see our Privacy Statement for further information.

10.

Disputes

If a dispute arises between us in relation to these terms or any other matter related to the Website, before commencing legal proceedings (other than in urgent circumstances where an injunction is sought) the aggrieved party must notify the other in writing (which may be by email) and we must both attempt to resolve the dispute informally and expeditiously.

11.

Termination

These Terms terminate automatically if, for any reason, we cease to operate the Website.
We may terminate your access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Website.

12.

Variation

We may vary these terms by publishing revised terms on the Website, with or without giving prior notice to you, and without giving you any explanation or justification for such change.  By continuing to access the Website you are agreeing to these variations.

Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms.

13.

General

We may assign our interest, rights and obligations under these terms and conditions or any other agreement we have with you any time without your approval.

You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

No matter where you are located, these Terms will be governed by and interpreted in accordance with the law of New South Wales, Australia.  International users access the Website on this basis.  You and we submit to the jurisdiction of the courts of New South Wales and courts able to hear appeals from them to determine any dispute arising out of or in relation to these Terms.