Website Terms of Use

Thank you for visiting our website. This website is owned and operated by Cattlesales Pty Limited (ACN # 611 698 885). By accessing and/or using this website and related services, you agree to these Terms of Use (Terms), which include our Terms and Conditions below and Privacy Policy. You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Cattlesales.com.au and Cattlesales Pty Limited.

1. Registration

You must be a registered member of our website to access our products, features and certain services of our website.

When you register and activate your account, you will provide us with personal information such as your name and address, email address, telephone number and other optional personal information set out in the 'My Profile' section of your user portal such as a personal photograph. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:

• exercise supervision over the Minor's use of our website and account;
• assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
• ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
• assume liabilities resulting from the Minor's use of our website and their account;
• ensure the accuracy and truthfulness of all information submitted by the Minor; and
• provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

2. Collection Notice

We collect personal information about you in order to process your registration, provide you with a member section/user portal, respond to your enquiry and to provide you with services, features and functions available on our site and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us by e-mail [email protected] or utilising our contact form on our contact page.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We do not have personal knowledge of the cattle or genetic products available for sale on our site and therefore cannot authenticate and do not guarantee the accuracy of the information, description or specifications of the cattle or genetic products. It is your responsibility to ensure the cattle or genetic products are suitable and the information provided by the seller is correct. We strongly suggest that you perform a personal inspection and conduct specific enquiries prior to purchasing cattle to ensure the accuracy of the information provided. We are not liable for any loss or damage sustained by any user of our site in the event that cattle or a genetic product is inaccurately or incorrectly described, information is misleading or falsified or photographs provided are not a reflection of current condition of the cattle.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

4. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

5. Purchases

When you purchase a product listing as a registered member of our site you agree to these Terms and the following specific Terms and Conditions in relation to the purchase of the product listing.

Terms and Conditions

The Terms and Conditions are accepted upon indicating agreement at the time of making a purchase for a product listing. If you do not wish to accept our Terms and Conditions you will be unable to purchase your selected product listing and cannot utilise our site to place listings.

How do you purchase our products/services?

The product listing options available for purchase on our site can be purchased if you are a registered user of our site and are available on our Sell page.

Cost

We charge a single fee to purchase and add a product listing to the website. The fee is determined by the type of listing selected and our pricing schedule is set out on our Sell page.

Payment methods

We offer a payment gateway that allows you to utilise a credit card or PayPal account.

How will I receive confirmation of my purchase?

You will receive an e-mail confirmation following completion of the purchase of your listing from our website and also from our payment gateway provider.

What are we paid for?

We are not sellers or livestock agents who own or market the livestock and genetic products on our site. We do not receive commission when a listing is placed or if a listing is sold. Our income is derived from the cost of a product listing that is purchased by our site users. We will not and do not have any involvement or financial interest in the financial transactions involved with cattle sold from listings displayed on our site.

Refunds

We do not offer a refund if cattle have not sold at the expiration of a listing or you remove your cattle from sale. We do not offer a refund if cattle are incorrectly listed in the wrong category or section of our site due to your personal error.

Due Diligence

We make no representation about the items presented for sale. It is up to you, the potential purchaser, to conduct checks to ensure the product meets your expectations. We offer no warranty for goods purchased through this site. We do not accept any responsibility for the accuracy of the description of cattle listed on the site. It is the purchaser's responsibility to investigate and confirm the exact quality of cattle they may purchase and to reach an agreed purchase price with the seller.

Social Media

We are a user of social media and this may include Facebook, You Tube, Twitter, Pinterest and Instagram. By agreeing to these Terms and Conditions you agree to us linking images and content of your advertisement to one or all social media groups. If you do not wish your listing to be viewed via social media please advise us via the contact page.

By agreeing to these Terms and Conditions we give you permission to share your listing details via any social media platform you wish to use.

Termination of Your Ad

We may, on notice to you, and at our discretion, terminate your access to all or part of the site without the need to provide reasons. We may also terminate any listing that we deem to be offensive, defamatory or not within the bounds of normal public decency. In the event that we terminate a listing we will not be liable to issue a refund of the cost of the product listing and will not be liable for any associated expenses or losses.

Copyright

The material provided on our website is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computers cache, and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without our prior written approval.

Warrantee/Guarantee

As we are an online listing service, we offer no warrantee or guarantee for the products listed for sale on our website. It is up to you, as a buyer, to ensure that any offered warrantee or guarantee is applicable to what you are purchasing.

In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms and Conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

6. Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

7. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website ( Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the Terms and Conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy of your listing for the purpose of viewing the Content for your own personal use.

8. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
• using this website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice. If a listing is terminated by us we will not issue a refund or be liable for any associated expenses or losses.

9. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

10. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

11. Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.