Terms and conditions
BLOODSTOCK.COM.AU
STANDARD TERMS AND CONDITIONS
Welcome to www.bloodstock.com.au.com (Website), an online marketplace where registered sellers can advertise bloodstock horses and other goods, services, property and jobs related to the bloodstock industry, and the general public can browse sellers’ listings and contact the seller to negotiate a deal privately. We also publish related information and links that may be of interest to you.
The Website is the property of Bloodstock.com.au Pty Ltd ABN 31 135 429 480.
Your acceptance of these terms
By registering as a user, or by using the Website, you agree to be bound by our terms and conditions (as amended from time to time). If you do not accept our terms, you must not use the Website. Your continued use of the Website confirms your agreement to be bound.
Bloodstock reserves the right to vary these terms and conditions without notice to you by publishing revised terms on the Website.
Our Website
The Website is available for use by any member of the public who has agreed to these terms.
However, we do not represent or warrant that the content on the Website complies with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk.
While care has been taken when compiling the Website, it uses information from a range of sources, including content uploaded from its registered users in good faith on the basis of warranties made by them and by third parties who place advertisements (e.g. banners) or allow us to publish information (e.g. live news feeds). We cannot and do not screen all material on the Website before it is posted.
All information accessed at or via the Website is provided 'as is' without any express or implied warranty. We cannot and do not warrant or represent that:
(a) |
the Website (including where your classified is displayed) or any servers that store and transmit data to the user is 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) |
your or the general public’s access to the Website will be uninterrupted, provided without delay or in a timely fashion; or |
(c) |
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. |
The availability of multimedia works on the Website are subject to the limitations of the Internet including re-buffering, loss of connection and dropouts.
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.
Online payments are accepted over 128-bit SSL security encryption. 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.
Goods and Services Tax (GST)
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.
No refunds
Once you have paid for an advertisement and your content has been posted on the Website, our service to you has been completed and no money will be refunded.
Intellectual Property
All software used in the Website, material on or comprising the Website (including photos, graphics, text, data, content of classifieds, advertisements, pictures, videos and other visual or audiovisual works) and the design, layout, look and appearance of the Website (Intellectual Property) is owned by or licensed to us and protected by copyright and all other intellectual property laws of Australia and other countries.
Except to the extent necessary for your ordinary use of the Website on your Internet browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, this Intellectual Property may not be used, adapted, reproduced, uploaded to a third party Website, framed, linked to, published, transmitted or distributed in any way or in any form or medium without our prior written consent. This means you cannot download, copy or reproduce any material from the Website without our or the owner’s written permission unless you are acting in the ordinary and proper course of using the Website’s services.
The Website may contain multimedia works (including videos of horses and racing events and live news feeds) and still images licensed to us from third parties. These works are provided purely for your private, non-commercial use, and you may not (directly or indirectly) distribute, modify, translate, publish, rebroadcast, transmit or communicate these works or create derivative works from them.
Links to third party information and sites
The Website contains information provided by third parties as well as links to third party websites and resources. Third party websites are not part of the Website. These links are provided solely for your interest and convenience.
We and our contractors, employees or agents take no responsibility for the content, resources or sites that link from, or to, the Website or any associated products and services. Responsibility for the content of any classified and other advertisements appearing on the Website (including banner advertisements and hyperlinks to advertisers' own websites) rests solely with the advertisers.
We do not endorse and make no representations either expressly or impliedly concerning third party resources, their content or any products or services which they offer.
Prohibitions
You must not abuse the use of the Website or its facilities, systems, resources, accounts, servers, networks or affiliated or linked websites for a purpose other than which the Website service is provided or use the Website to engage in any activity that we (in our absolute discretion) think is inappropriate.
Without limiting this you agree not to (and not to attempt to):
(a) |
facilitate or participate in any illegal activity via the Website; |
(b) |
upload or otherwise transmit any computer worms, viruses or other disruptive or destructive files or malicious or harmful code through or on the Website; |
(c) |
obtain unauthorised access to the Website or parts of the Website that are restricted from general access; |
(d) |
damage, modify, interfere with, disrupt or destroy any files, data, passwords, devices or resources that belong to us; |
(e) |
do anything that compromises the security or stability of the Website; |
(f) |
disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked websites; |
(g) |
use or attempt to use another's account, service or system without authorisation from that user or us; |
(h) |
mirror the Website, data or content from the Website, or results pages on any other website or medium; |
(i) |
data mine or send automated queries of any kind to the Website without the our prior written permission; |
(j) |
harvest or otherwise collect 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) |
create or use a false identity on the Website; and/or |
(l) |
transmit through or on the Website spam, chain letters, junk mail or any other type of flooding techniques or mass distribution of unsolicited email to people or entities who have not agreed to be part of such mailings. |
Registering as a seller
To upload material onto the Website you must in most cases (but not all) register and obtain a username and password.
Each user who registers or uploads material warrants that they are over 18 years of age and have provided us with complete, accurate and current personal information. 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 are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorised use of your account or password.
Uploading material
You warrant that you own or have the authority to supply all text, trademarks, artworks and other material given or uploaded to the website. You grant us a non-exclusive perpetual, worldwide, royalty-free licence to copy, display and modify that material by any means (including in both electronic and printed form).
We reserve the right to decide whether, where and how classifieds and other advertisements are listed on the Website. We reserve the right not to include any specific headings, keywords, comments, or annotations with the listing.
Any and all 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 Bloodstock.com.au without our written permission.
Editorial policy
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 be specific and accurately reflect the advertised item. |
You must not upload or submit content that:
(a) |
is illegal in nature (including encouraging conduct that might constitute a criminal offence); |
(b) |
violates any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether registrable, registered or unregistered) or other rights of any person in any jurisdiction in the world; |
(c) |
is defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable; |
(d) |
is misleading or deceptive or likely to mislead or deceive other users; |
(e) |
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; |
(f) |
refers to unapproved, banned, illicit or otherwise illegal drugs or pharmaceuticals; |
(g) |
contains information that features or advertises or otherwise lists off-shore or online casinos or gambling services; |
(h) |
is unclear or contains unacceptable levels of spelling, punctuation or grammatical errors or over use of exclamation marks or capital letters; |
(i) |
opens a pop-up when entering or leaving a linked website’s landing page; and/or |
(j) |
contains links to sites featuring any of the above. |
We may remove, revise or refuse to publish any material uploaded to the Website or otherwise supplied by you to us at our absolute discretion and without consulting or notifying you.
We may also refuse or remove content that relates to certain categories of or specific products or services (including those not sufficiently related to the bloodstock horse industry or that we otherwise deem unacceptable in our absolute discretion).
Warranties about content and sale of horses
If you upload any content to the Website or otherwise submit material to be published by us, you warrant that:
(a) |
all goods and services advertised conform to current laws and regulations in Australia; |
(b) |
you have the lawful right to distribute and reproduce that content and that it does not infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; |
(c) |
it is true and correct; |
(d) |
it is not misleading or deceptive, defamatory or obscene; |
(e) |
it is not unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; and |
(f) |
can be lawfully published on the Website or otherwise by us. |
If you offer bloodstock horses for sale on the Website you also warrant to us that:
(a) |
the pedigree and other information about the horse is true and correct; |
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(b) |
full and complete disclosure will be made to any prospective purchaser about:
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(c) |
you are legally allowed to sell the horse you are advertising. |
You indemnify us and will keep us indemnified against all claims, costs, expenses, damages, liability or loss arising from a breach of any warranty made by you in these terms.
Without prejudice to other terms, to protect the integrity of the Website we reserve the right (but are not required) to verify the accuracy of any information uploaded by you including the availability of any goods or services offered for sale or accuracy of uploaded material. You agree that we can contact you and you will provide us with accurate information or clarification of matters related to material uploaded by you.
Licences
Before any user lists an advertisement on the Website, they must ensure they have the appropriate licences to sell that item. For the syndication or the sale of shares in a horse, users should seek and obtain legal advice on their obligations under the licensing provisions of the Corporations Act 2001 (Cth).
Negotiations and deals
The Website simply offers sellers an online medium for advertising goods, services, property and jobs, and publication of related information. We are not involved in the actual transaction between sellers and buyers and we are not an agent for either party.
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.
It is your responsibility to verify any information on the Website before relying on it. You agree that any purchases or other deals will be made solely in reliance on its own enquiries and inspections and that we have not made any warranties about the truth and accuracy of classifieds or other advertisements, the suitability, quality or existence of advertised items or the ability of users to actually enforce or complete a transaction. We do not warrant that sellers are the legal owners of items listed.
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.
Refusal of use
Use of the website is a privilege. We may decline to register you as a user, terminate your registration and/or restrict your access to the Website (including via any other aliases you use) at any time at our complete discretion without consulting with or notifying you. Without limiting this, we consider the following as grounds for refusal of use:
(a) |
if you impersonate another member; |
(b) |
if a serious complaint or multiple complaints are received about you; or |
(c) |
you breach these terms or our other policies. |
Limitation of our liability
You agree no to hold us responsible for things other users of the Website do. Except as expressly stated in these terms, we and our contractors, employees and agents exclude all:
(a) |
warranties whether express, implied, statutory or otherwise, relating in any way to the Website including information accessed at the Website, other than those warranties implied by law; and |
(b) |
liability to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss or corruption of data) arising from, or in connection with, any use of the information on, or accessed through the Website, or any place where your or other users’ data is displayed, for any reason whatsoever and regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. |
Certain rights and remedies may be implied by law and may not be permitted to be excluded, restricted or modified. To the extent permitted by law, our and our partners, contractors', employees' or agents' liability for any breach of an implied warranty or condition that cannot be excluded is limited to the re-supply of advertising space, information, links or associated Website services.
We take no responsibility for use of sellers’ listings by persons engaged in mass email, spamming activities, denial of service attacks or other like activities.
Your indemnity
You indemnify us and agree to keep us and our officers, employees, agents and subsidiaries indemnified 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 these terms including any act, neglect or default by you or your employees, licensees or clients; and |
(c) |
the content of your uploaded material and/or the negotiation, enforcement of deals or transfer of data or money between you and another user. |
Privacy
We may collect personal information about you when you use the Website or otherwise communicate with us.
You acknowledge and agree to our Privacy Statement (as amended from time to time) which is available at http://www.bloodstock.com.au/privacy.php and consent to the collection, use and disclosure of personal information in accordance with that statement.
We will only collect, use and disclose any personal information in accordance with our Privacy Statement, to the extent specifically required by law, or where reasonably contemplated by these terms (including disclosing information in connection with any query or claim).
We do not agree to withhold any information about you that is already in the public domain or that you upload onto the Website.
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 promptly and in good faith.
Other provisions
These terms (together with any policies we publish) constitute the entire agreement between you and us relating to the subject matter of these terms and supersede all prior understandings or agreements, written or oral, on that subject matter.
You may not assign your rights or obligations under these terms to third parties.
If any part of these terms is unenforceable the remainder will not be affected.
A waiver of any of these terms will only be effective if it is in writing and signed by us.
No matter where you are located, these terms are governed by the laws of New South Wales, Australia, and we each submit to the non-exclusive jurisdiction of those courts of that State and courts able to hear appeals from them.
Contact
If you have any questions or comments about these terms, please contact:
The Chief Operating Officer
Bloodstock.com.au Pty Ltd
PO Box 3134
Hendra QLD 4011
Australia
Phone: (07) 3868 2212
Email: info@bloodstock.com.au
These standard terms and conditions were last updated on 22 May 2009.
© Bloodstock.com.au Pty Ltd. All rights reserved.
