Terms and Conditions
Updated 13th March 2012

User Terms and Conditions

1. Agreement
1.1 This is a legal agreement between Agistment.net.au (Agistment.net.au) and a user of the Website (You).
2. Definitions and Interpretation
2.1 In these terms and conditions, unless the context otherwise requires:
(a) “Claims” means all actual threatened loss, damage, actions, claims and/or demands (including the cost of defending or settling any actions, claims and damages) which may be instituted against Agistment.net.au;
(b) “Content” means any material published or submitted for publication on the Website, including photographs, video, graphic, sound, music, text or audiovisual combinations;
(c) “Land” means the relevant Land listed for agistment on the Website;
(d) “Website” means the Agistment.net.au website.
2.2 Interpretation
In the interpretation of these terms and conditions:
(a) singular includes plural and vice versa;
(b) any gender includes every gender;
(c) references to a person include a corporation, association, partnership, Government Authority, or any legal entity;
(d) references to statutes include statutes amending, consolidating or replacing the statutes referred to and all regulations, orders in council, rules, by laws and ordinances made under those statutes;
(e) headings and the table of contents (if any) are used for convenience only and are to be disregarded in interpretation;
(f) where any word or phrase is given a defined meaning, any other grammatical form of that word or phrase has a corresponding meaning;
(g) covenants by each party include an obligation to procure compliance by each of the parties' employees and all other persons under the control of that party;
(h) where a party consists of more than one person the covenants on the part the party bind each two or more persons jointly and each person severally. The release of one of the persons from an obligation does not release any other person who may be jointly liable;
(i) any undertaking by a party not to do any act or thing is taken to include an undertaking not to permit or suffer the doing of the act or thing;
(j) where under these terms and conditions the day on or by which any act or thing is to be done is not a Business Day that act or thing must be done on the next Business Day following the due day;
(k) all annexures, schedules and other attachments (if any) form part of these Terms and Conditions;
(l) references to "writing" include all means of reproducing words in a tangible, permanently visible form in the English language;
(m) a reference to anything after the words "includes" or "including" does not limit what else might be included.
3. Your Acceptance
3.1 By using or visiting the Website You signify your agreement to these terms and conditions and to any policy Agistment.net.au implements in respect of the Website.
3.2 Agistment.net.au may at its sole discretion modify or revise these terms and conditions and its policies at any time and You agree to be bound by such modifications or revisions.
4. Third Party Material
4.1 The Website may contain Content or links to third party websites that are not owned or controlled by Agistment.net.au. Agistment.net.au assumes no responsibility for the Content or of any third party website or the practices of any third party. By using the Website, you expressly relieve Agistment.net.au from any and all liability arising from Your use of any third party website and the Content.
5. Accounts
5.1 In order to access some features on the Website You will have to create a Agistment.net.au account. You must never use another person’s account without their permission. When creating the account You must provide accurate and complete information and You are solely responsible for the activity, security and maintenance of Your Account.
5.2 You agree that we may use Your email address for the purpose of marketing the Website and other services offered by Agistment.net.au.
6. Agistment
6.1 You agree that the agistment of livestock is at Your sole risk and expense. Agistment.net.au is not responsible for any contract entered into between You and any third party in relation to any agistment, and in respect of any goods or services provided to You by a third party.
6.2 Agistment.net.au provides no warranty in respect of advertising on the website. It is Your responsibility to investigate the advertiser’s bonafides and the fitness, suitability and quality of the agistment listing and Land for Your purpose.
7. General Terms of Use
7.1 Agistment.net.au gives you permission to access and use the Website for the sole purpose of viewing advertisements or otherwise accessing the services offered by Agistment.net.au or its authorised licensees, provided that You agree:-
(a) not to distribute any of the Content or part thereof without the prior written consent of Agistment.net.au;
(b) not to alter or modify any part of the Website or any Content on the Website;
(c) when using the Website, to comply with all applicable laws; and
(d) that Agistment.net.au has the right to discontinue your use of the Website at any time, without reason or justification.
7.2 You agree that the Content, trademarks and other intellectual property on the Website is either owner by or licensed to Agistment.net.au, and you may only access the Content or Website for the purpose expressly contemplated by these terms and conditions.
7.3 You must not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any Content for any other purposes without the prior written consent of Agistment.net.au.
7.4 You understand that when using the Website, You may be exposed to Content from a variety of sources and that Agistment.net.au is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such Content. You further understand and acknowledge that Agistment.net.au gives no warranty about the Content and You release Agistment.net.au from all Claims in respect of Your use of the Content including inaccurate, offensive, indecent or objectionable or misleading Content.
8. Limitation of Liability
8.1 Subject to clause 9:
(a) You are solely responsible for the agistment of livestock and for Your dealings with any third party advertising on the Website; and
(b) Agistment.net.au is not liable for, and You release and indemnify Agistment.net.au against, all Claims arising in any manner out of or in connection with:
(i) a breach of these terms and conditions (including a breach of any representation or warranty contained in these terms and conditions);
(i) the agistment of any livestock;
(ii) any wilful, unlawful or negligent act or omission by You; and
(iii) publication of the Content, including Claims for incorrect, misleading, offensive or defamatory Content,
whether caused or contributed to by negligence, breach of duty, breach of statute or breach of agreement on the part of Agistment.net.au; and
(c) all statutory and other implied conditions and warranties are negatived.
8.2 Any Claim You have against Agistment.net.au arising out of this Agreement must be commenced within six (6) months after the cause of action accrues otherwise You agree that the cause of action is permanently barred.
8.3 The release and indemnity provided for in this clause continues despite termination of these terms and conditions or termination of your account.
8.4 For the purposes of this clause, the term Agistment.net.au includes Agistment.net.au, its officers, employees, contractors and agents, whether individually or collectively.
9. Non-Excluded Provisions
9.1 Despite anything to the contrary, nothing in these terms and conditions excludes, restricts or modifies:
(a) the application of Schedule 2, Chapter 3, Part 3-2, Division 1 of the Competition and Consumer Act 2010 or State equivalent legislation (“the Non-Excludable Provisions”);
(b) the exercise of a right conferred by a Non-Excludable Provision;
(c) the liability of Agistment.net.au for failure to comply with a guarantee that applies due to a Non-Excludable Provision; or
(d) the application of an entitlement to rescind a contract under a Non-Excludable Provision.
9.2 The liability of Agistment.net.au for breach of a Non-Excludable Provision is limited, at the option of Agistment.net.au, to:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
10. General Provisions
10.1 Waiver
No failure, delay, relaxation or indulgence by a party in exercising any right arising under these terms and conditions and no custom or practice that exists between the parties operates as a waiver of that right.
10.2 Proper Law
These terms and conditions are governed by the Laws of Queensland.
10.3 Severability of Provisions
Any provision of these terms and conditions which is illegal, void or unenforceable is ineffective to the extent only of such illegality, voidness or unenforceability without invalidating any of the remaining provisions of these terms and conditions.
10.4 Assignment
You may not assign your rights and interests under these terms and conditions but Agistment.net.au may assign its rights without restriction.
10.5 No Agency Relationship
Despite anything to the contrary, no agency relationship exists between You and Agistment.net.au.

Our aim is to make the process of advertising your agistment, or searching for agistment, much easier. No longer are you limited to a few lines of text. With Agistment.net.au you can list all of your details, and you have the option of including photographs. And if you are looking for agistment, you can find out all the information up front - no need to call every listing only to find out they don't suit your livestock.

 

 

 

Advertising Terms and Conditions
Updated 13th March 2012

Agistment.net.au - Terms and Conditions

1. Agreement
This is a legal agreement between Agistment.net.au (Agistment.net.au) and the person submitting an Application Form (as named and described in that Application Form) to publish an advertisement on the Website (You).

2. Definitions and Interpretation
2.1 Definitions
In this Agreement, unless the context otherwise requires:
(a) “Advertising Fee” means the relevant advertising fee set out in the Application Form which is inclusive of GST;
(b) “Application Form” means the relevant online application form required to submit an advertisement on the Website;
(c) “Claims” means all actual or threatened loss, damage, actions, claims and/or demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against Agistment.net.au;
(d) “GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time;
(e) “Land” means the Land that you will permit another person to graze livestock on;
(f) “Content” means any material published or submitted for publication in Your Ad including photograph(s), video, graphic, sound, music, text or audio visual combinations;
(g) “Website” means the Agistment.net.au website;
(h) “Your Ad” means the advertisement published, or submitted for publication, on the Website, based on the Application Form submitted to Agistment.net.au by You, including all modifications (if any) made from time to time.
2.2 Interpretation
In the interpretation of this Agreement:
(a) singular includes plural and vice versa;
(b) any gender includes every gender;
(c) references to a person include a corporation, association, partnership, Government Authority, or any legal entity;
(d) references to statutes include statutes amending, consolidating or replacing the statutes referred to and all regulations, orders in council, rules, by laws and ordinances made under those statutes;
(e) headings and the table of contents (if any) are used for convenience only and are to be disregarded in interpretation;
(f) where any word or phrase is given a defined meaning, any other grammatical form of that word or phrase has a corresponding meaning;
(g) covenants by each party include an obligation to procure compliance by each of the parties' employees and all other persons under the control of that party;
(h) where a party consists of more than one person covenants on the party bind each two or more persons jointly and each person severally. The release of one of the persons from an obligation does not release any other person who may be jointly liable;
(i) any undertaking by a party not to do any act or thing is taken to include an undertaking not to permit or suffer the doing of the act or thing;
(j) where under this Agreement the day on or by which any act or thing is to be done is not a Business Day that act or thing must be done on the next Business Day following the due day;
(k) all annexures, schedules and other attachments (if any) form part of this Agreement;
(l) references to "writing" include all means of reproducing words in a tangible, permanently visible form in the English language;
(m) a reference to anything after the words "includes" or "including" does not limit what else might be included.

3. Our Obligations
Agistment.net.au agrees to publish Your Ad on the Website, subject to the terms and conditions set out in this Agreement.

4. Your Obligations
4.1 You must:
(a) provide all information in relation to Your Ad, as required by Agistment.net.au, from time to time;
(b) describe the Land and agistment terms accurately;
(c) if requested, provide Agistment.net.au with written proof that:
(i) You own the Land; or
(ii) You have the lawful right to agist livestock on the Land;
(d) maintain the secrecy and confidentiality of all email and password information required to alter Your Ad and immediately change the password if it is lost, stolen or compromised in any way;
(e) in the event that you agist the livestock on the Land or withdraw your listing, remove Your Ad from the Website immediately; and
(f) comply with any additional policies and requirements as set out, on the Website, from time to time.
4.2 You must not:
(a) alter or amend Your Ad so that it is materially or substantially different to Your Ad originally published;
(b) include any international contact numbers in Your Ad;
(c) include an offer of or referral to any other goods or services; or
(d) include more than one agistment listing in Your Ad.

5. Your Warranties to Agistment.net.au
5.1 You warrant to Agistment.net.au that:
(a) You are not a minor;
(b) You are the owner of the Land or otherwise have the lawful authority to agist the livestock on the Land;
(c) You are entitled to publish the Ad and all Content contained in the Ad;
(d) You have the authority to grant to Agistment.net.au the licence contained in clause 12 of this Agreement;
(e) all contact and other details You have provided to Agistment.net.au are accurate; and
(f) the Land is located in Australia.
5.2 You warrant to Agistment.net.au that Your Ad:
(a) is not contrary to law;
(b) does not infringe any rights, including intellectual property rights of any third party;
(c) is not illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
(d) is not misleading or deceptive or likely to mislead or deceive; and
(e) does not contain anything which may adversely affect Agistment.net.au or the Website.

6. Other Requirements for Content in Your Ad
6.1 The Content may include a current photograph or video of the actual Land and must;
(a) not be digitally altered;
(b) not contain any watermarks; and
(c) be in jpeg format.
6.2 Agistment.net.au prefers that the Content does not contain images of any individual, however, if it does You warrant that You have the express permission of that individual to use their image in Your Ad.
6.3 If You are not the owner of the Content (or any part of the Content), You hereby:
(a) warrant that You have obtained written permission from the owner of that Content, to include that Content in Your Ad; and
(b) grant Agistment.net.au a licence to use the Content on the terms contained in clause 12 of this Agreement.

7. Editorial Rights of Agistment.net.au
7.1 Agistment.net.au reserves the right to review the information contained on Your Application Form before deciding whether to publish Your Ad on the Website.
7.2 Agistment.net.au is not bound to publish Your Ad until or unless Agistment.net.au determines, in its absolute discretion, to accept Your Application Form.
7.3 If Agistment.net.au accepts Your Application Form, it will publish Your Ad in the form determined from time to time by Agistment.net.au.
7.4 Agistment.net.au may modify, remove or refuse to publish, Your Ad (or any part it), without notice or liability, if:
(a) You are in breach of this Agreement; or
(b) Agistment.net.au determines, in its absolute discretion, that:
(i) such modification, removal or refusal is appropriate; or
(ii) that You are not entitled to place the Ad.
7.5 Despite anything to the contrary, Agistment.net.au has absolute editorial control in relation to the publication of Your Ad, including, but not limited to the Content, format, wording, position and placement of Your Ad.

8. Payment of Advertising Fee
8.1 You must pay the Advertising Fee to Agistment.net.au, in the manner set out on the Website before Your Ad may be published.
8.2 In the event that:
(a) Your Ad is cancelled or removed by you;
(b) Your Ad is not published on the Website or is removed by Agistment.net.au as a result of a breach of this Agreement by You,
the Advertising Fee is not refundable.

9. Cancellation, Removal or Alteration of Advertisements
9.1 Once Your Application Form is submitted to Agistment.net.au it cannot be cancelled.
9.2 You may remove Your Ad from the Website at any time after publication.
9.3 In the event that Your Ad is removed under clause 9.2 above, the Advertising Fee remains payable and You will not be entitled to a refund.
9.4 You may edit Your Ad after submission but any alterations, amendments or modifications are subject to clause 4.2(a) and our approval and editorial rights (refer to clause 7). Agistment.net.au reserves the right to charge a fee for any additional work performed by Agistment.net.au in reviewing and approving the alterations, amendments or modifications.

10. Republication
Agistment.net.au may republish Your Ad on such other websites, search engines, applications and print or other media, including Facebook, Twitter and e-news, as Agistment.net.au determines in its absolute discretion from time to time.

11. Third Party Agreements
Agistment.net.au is not responsible for:
(a) any contract entered into between You and any third party in relation to the Your Ad (including any contract arising from Your Ad);
(b) any services provided to You by any third party; or
(c) resolving any dispute between You and any third party in relation to Your Ad.

12. Intellectual Property Rights
You hereby grant to Agistment.net.au, a perpetual, royalty free and irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilise in any manner the Content, in respect of which copyright subsists.

13. Limitation of Liability
13.1 Subject to clause 14:
(a) You are solely responsible for the Content in Your Ad; and
(b) Agistment.net.au is not liable for, and You release and indemnify Agistment.net.au against all Claims arising in any manner out of or in connection with:
(i) a breach of this Agreement (including a breach of any representation or warranty contained in this Agreement);
(ii) the agistment of any livestock;
(iii) any wilful, unlawful or negligent act or omission by You; and
(iv) publication of Your Ad, including Claims for incorrect, misleading, offensive or defamatory Content,
whether caused or contributed to by negligence, breach of duty, breach of statute or breach of agreement on the part of Agistment.net.au; and
(c) all statutory and other implied conditions and warranties are negatived.
13.2 Any Claim You have against Agistment.net.au arising out of this Agreement must be commenced within six (6) months after the cause of action accrues otherwise You agree that the cause of action is permanently barred.
13.3 The release and indemnity provided for in this clause continues despite termination of this Agreement.
13.4 For the purposes of this clause, the term Agistment.net.au includes Agistment.net.au, its officers, employees, contractors and agents, whether individually or collectively.

14. Non-Excluded Provisions
14.1 Despite anything to the contrary, nothing in this Agreement excludes, restricts or modifies:
(a) the application of Schedule 2, Chapter 3, Part 3-2, Division 1 of the Competition and Consumer Act 2010 or State equivalent legislation (“the Non-Excludable Provisions”);
(b) the exercise of a right conferred by a Non-Excludable Provision;
(c) the liability of Agistment.net.au for failure to comply with a guarantee that applies due to a Non-Excludable Provision; or
(d) the application of an entitlement to rescind a contract under a Non-Excludable Provision.
14.2 The liability of Agistment.net.au for breach of a Non-Excludable Provision is limited, at the option of Agistment.net.au, to:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring goods;
(iv) the payment of the cost of having the goods repaired; or
(b) in the cases of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.

15. General Provisions
15.1 Waiver
No failure, delay, relaxation or indulgence by a party in exercising any right arising under this Contract and no custom or practice that exists between the parties operates as a waiver of that right.
15.2 Proper Law
This Agreement is governed by the Laws of Queensland.
15.3 Severability of Provisions
Any provision of this Agreement which is illegal, void or unenforceable is ineffective to the extent only of such illegality, voidness or unenforceability without invalidating any of the remaining provisions of this Agreement.
15.4 Assignment
You may not assign your rights and interests under this Agreement but Agistment.net.au may assign its rights without restriction.
15.5 No Agency Relationship
Despite anything to the contrary, no agency relationship exists between You and Agistment.net.au.