Horse Property Pty Ltd
Horse Property Standard Terms and Conditions
These terms and conditions are our standard terms and conditions.
Please read these terms and conditions carefully. By accessing this Website including any of the webpages located at horseproperty.com.au, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not access this Website.
This is a legal agreement between you (the User) Horse Property Pty Ltd, ABN 26 152 737 543 ('we’ or 'us' or ‘our’) which owns and operates horseproperty.com.au website (‘Website’).
Copyright © Horse Property Pty Ltd 2015. All rights reserved
Copyright in this Website, in the screens displaying the webpages, and in the information and content in it, and in their arrangement ("content"), is owned by us unless otherwise indicated. You may download a single copy of the content and where necessary for reference purposes, keep a temporary copy in your computer's cache and make a single hard copy of the content. You may make such other use of the content as is otherwise expressly authorised on this Website. Unauthorised use of the content is strictly prohibited.
Nothing displayed on the Website should be interpreted as granting any rights to use or distribute any names, logos, trademarks or service marks without our express written agreement.
Restrictions on use
The content of this Website, terms and conditions are subject to change. Unauthorised use of this Website or systems including unauthorised entry, misuse of passwords, misuse or altering of information or content is strictly prohibited. Subject to the terms and conditions of any service agreement made by us with you, we may terminate this agreement and deny you access to the Website at any time without notice. Not all services are available in all geographic areas. Your eligibility for any particular service or as a buyer of any property, item or animal is subject to final determination by us and/or the owner of that property or animal.
Where you register for or order a service offered on this Website e.g. adverting, free listings etc., you will continue to be subject to these terms and conditions as varied by any service agreement or particular terms and conditions in respect of that service. Unless otherwise agreed in writing these terms and conditions shall prevail over any inconsistency in such service agreements.
By posting content to the Website, unless otherwise agreed in writing you grant us a non-exclusive, world-wide, irrevocable and royalty-free licence to use any such content and to sub-licence same.
Any such content may be removed at our absolute discretion. No inappropriate material including but not limited to defamatory, obscene material or material which infringes third party rights shall be permitted. You will indemnity us for any liability, claim, damage, proceeding, loss, costs or expense we incur that arises from or which is directly or indirectly related to any such material posted by you or with your authority and/or your breach or non-observance of any term of these terms and conditions.
In respect of any such claim or potential claim, you shall comply with our directions in respect of any settlement negotiations or defence or counterclaim including but not limited to the content of any offer of apology or other amends.
We shall not be liable whatsoever for any liability, loss, damage, costs or expense that you incur as a result of content that you have posted.
Any waiver of these terms and conditions shall be in writing and shall only be effective in respect of the particular obligation or breach for which it is given and shall not be taken as an implied waiver of any other obligation or right. The failure, delay or omission by us to exercise our rights will not operate as a waiver.
You must not create a link to this Website without our written consent.
Should this Website be linked to any other we are not responsible and disclaim liability for any information, content, products or services posted or offered at any third party site.
We do not warrant the accuracy, adequacy or completeness of the content of this Website and to the extent permitted by law we expressly disclaim liability for errors or omissions in the content.
Where you are provided by us with a login ID and a password to access certain parts of the Website or services you agree not to disclose your login ID or password to any other person or use your password for any unauthorised purpose. If at any time you become aware of any other person using your login ID or password or you forget or misplace your login ID or password, please immediately contact us at firstname.lastname@example.org and we will issue you with a new login ID and password. We reserve the right to change or withdraw use of this login ID or password at our absolute discretion.
Changes to Terms
Fee for a "Feature Listing" and "Premium Listing"
At the time of listing your horse property 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" or "Premium 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 promote your listing to "Feature" or "Premium", you must pay the Feature or Premium 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:
a. Cancellation of your membership and refund of your account balance (if any);
b. Cancellation of your listings (if any);
c. Removal of your content posted on our Website (if any);
d. and Refusal of any subsequent registrations by you.
Limitation of liability
To the extent permitted by law, in no event will we be liable for any loss or damage including, without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or our services, the use or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we, or its representatives, are advised of the possibility of such damage, losses or expenses. To the extent permitted by law, liability under any condition or warranty which cannot be legally excluded is limited to the fee paid to us by you for services, if any, or at our option replacement or resupply of the services or payment for the resupply.
No agency, partnership or joint venture relationship is intended or created between you and us.
This Website is not to be used by any person or entity in any jurisdiction or country where such use would be contrary to local law or regulation.
We reserve the right to amend these terms and conditions from time to time at our absolute discretion and notice to you of any such change shall be by us posting same at http://horseproperty.com.au/conditions-of-use
Gathering email addresses from Horse Property Pty Ltd through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Horse Property Pty Ltd should be directed to email@example.com
Any term or condition found to be unlawful or unenforceable shall be severed and will not affect the continued operation of the remaining terms and conditions.
These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia and the jurisdiction of the courts of Queensland and of the Federal Court of Australia.
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.
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:
a. select or use a Login Name of another person with the intent to impersonate that person;
b. use a name subject to the rights of any other person without authorisation;
c. 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.