User Terms and Conditions
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.
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.
5.1 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.
6.1 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.
7.1 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
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.
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.