Terms → General Terms

Terms of Use

In these terms of use 'We', 'Our', and 'Us' are references to Saleyards.com.au Pty Ltd (ACN 133 181 843) and references to 'You', and 'Your' are references to the User. 'User' means any party that uses the Saleyards.com.au Website or the Services.

By registering on the Saleyards.com.au Website or by using the Services or by clicking "OK" below You agree to be bound by these terms or conditions.

IT IS AGREED:

1. In this Agreement, unless otherwise indicated by the context:
   1. Saleyards.com.au Website means the website through which We provide the Services to You as updated from time to time being www.saleyards.com.au and its related sub-pages;
   2. Confidential Information of a party means the following, whether imparted verbally or in writing and by whatever means:
   1. all information of a confidential nature (including usernames, passwords, trade secrets and confidential know-how);
   2. all computer software including source code, object code, user programming or modification manuals, flow charts, drawings, software listings, models, drafts and diagrams relating to the software;
   3. any other information exchanged between Us and You and marked 'confidential'; and
   4. all copies of the information and those parts of the records referred to in any of paragraphs (i), (ii) and (iii);
   3. Conveyed Information means all information conveyed by You to any third party in connection with the Services;
   4. Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world, including but not limited to all rights comprised in any copyright (including future copyright and rights in the nature of or analogous to copyright) patent, design, trade mark, circuit layout whether at common law or conferred by statute, whether or not currently existing, and whether registered or registrable and including any rights to apply for registration, and rights to protect trade secrets, know-how, goodwill or Confidential Information for the full period of such rights and any renewals or extensions;
   5. Material means all material, whether comprised digitally or otherwise, which may be used by You and conveyed to any third party in connection with the Services;
   6. Privacy Policy means the policy for the management of your personal information located at http://www.saleyards.com.au/esaleyards/terms/PrivacyStatement.asp;
   7. Services means online auction services, including providing the online venue allowing registered users to communicate and offer, sell, and buy products;
   8. Term means in perpetuity
2. The Services are provided to You subject to these terms of use. You agree that You have read and understood this Agreement and that You will be bound by and comply with all these terms of use. This Agreement is a binding legal contract between You and Us.
3. We take no responsibility for any advice, training, Material or Conveyed Information conveyed or transmitted using the Services or via the Saleyards.com.au Website.
4. You agree to indemnify and hold Us harmless against any claim made by a third party for any loss, damage, expense or claim arising as a result of Your use of the Services including for any inaccurate, misleading or negligent advice, training, Material or Conveyed Information transmitted by You via the Saleyards.com.au Website or through using the Services.
5. You warrant that:
   1. You are entitled to perform Your obligations under these terms of use;
   2. You will not attempt to use the Saleyards.com.au Website or the Services to publish Material or convey Conveyed Information that:
      1. is pornographic, violent, discriminatory or otherwise offensive;
      2. contains any virus, Trojan horse, worm or other malicious code;
      3. falsely identifies You;
      4. breaches the Trade Practices Act 1974 (Cth) (as amended from time to time) or any of the Fair Trading/Trade Practices legislation at the time prevailing in any State or Territory of Australia or which is misleading or deceptive in any way;
      5. breaches any State or Commonwealth anti-discrimination legislation;
      6. breaches any State or Commonwealth law in relation to defamation, obscenity or contempt of court, tribunal or royal commission;
      7. breaches the Privacy Act 2001 (Cth);
      8. breaches the Intellectual Property Rights of any third party; or
      9. breaches any other law including without limitation, common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory of Australia; and
   3. You will not use the Saleyards.com.au Website or the Services to send unsolicited commercial messages in violation of the Spam Act 2003.
   4. You will not make any unauthorised changes to the Saleyards.com.au Website or any code making up the Saleyards.com.au Website.
   5. You are familiar with the Saleyards.com.au Website and Services and understand the processes required to use the Saleyards.com.au Website and Services.
6. We warrant that:
   1. We are entitled to perform Our obligations under these terms of use;
   2. We are entitled to grant the rights expressed in these terms of use;
   3. We own or are the licensee of the Intellectual Property Rights in the Saleyards.com.au Website;
   4. to the best of Our knowledge and belief, and without conducting any searches:
   1. the Intellectual Property Rights subsisting in the Saleyards.com.au Website do not infringe any Intellectual Property Rights owned by a third party; and
   2. no third party has commenced or threatened to commence proceedings for an infringement of any Intellectual Property Rights that subsist in the Saleyards.com.au Website and the Services.
   5. We do not use or disclose information about Your individual visits to the Saleyards.com.au Website or information about You personally, such as Your name, address, email address or telephone number, to any third parties except as required to deliver the Services.
7. We make no warranty or representation in relation to the Saleyards.com.au Website and the Services, including that:
   1. the Saleyards.com.au Website and the Services are error or virus free;
   2. the use of the Saleyards.com.au Website and the Services will be uninterrupted; or
   3. the Saleyards.com.au Website and the Services will meet Your needs.
8. You acknowledge that any use of the Saleyards.com.au Website and the Services will be at Your sole risk.
9. Nothing in these terms of use excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on You by the Trade Practices Act 1974 (Cth) or any equivalent consumer legislation.
10. We reserve the right to remove from the Saleyards.com.au Website any Material or Conveyed Information conveyed by You which breaches any of the warranties contained within clause 5.
11. We reserve the right to suspend Your use of the Saleyards.com.au Website or the Services should you breach any of the warranties contained within clause 5.
12. By posting any material on the Saleyards.com.au Website or by conveying Conveyed Information in Your use of the Services, You agree to indemnify Us and Our officers, employees and agents (those indemnified) from and against any and all loss (including reasonable legal costs and expenses) costs, damages, expenses or liability reasonably incurred or suffered by any of those indemnified arising from any demand, claim or proceedings whatsoever made by any third person against those indemnified arising from:
    1. a breach by You of any the warranties set out in clause 5 of this Agreement;
    2. the use by You of the Saleyards.com.au Website or the Services other than in accordance with these terms of use;
    3. a breach by You of Your obligations under this Agreement; or
    4. any other wilful, negligent or otherwise unlawful act or omission by You.
13. You acknowledge and agree that under no circumstances shall We be liable to You for any indirect, special, incidental or consequential damages, including without limitation, damages for loss or goodwill, work stoppage, computer failure or malfunction, loss of data, the costs of recovering lost data, the costs of substitute software, or any and all other damages or losses arising from use or inability to use the Saleyards.com.au Website or the Services, or for any damages of any other nature (whether direct or indirect).
14. You acknowledge that:
    1. We own and retain all Intellectual Property Rights and other ownership rights in the Saleyards.com.au Website or the Services; and
    2. there is no transfer of title or ownership to You of any Intellectual Property Rights in the Saleyards.com.au Website or the Services under these terms or conditions or otherwise.
15. During Your use of the Saleyards.com.au Website and the Services You grant a royalty-free non-exclusive licence to use any Conveyed Information conveyed to Us for the limited purpose of providing Our Services.
16. During Your use of the Saleyards.com.au Website and the Services You grant a royalty-free non-exclusive licence to Us to use any Material submitted to Us for the limited purpose of:
    1. providing Our Services; or
    2. marketing or promoting Our Services or the Saleyards.com.au Website on the Saleyards.com.au Website,

    in accordance with Our Privacy Policy http://www.saleyards.com.au/esaleyards/terms/PrivacyStatement.asp and until expiration of a reasonable period after You request that any Material be removed or the Material is removed pursuant to these terms of use or any other agreement between You and Us.

17. We acknowledge that You shall own all Intellectual Property Rights in the Material and Conveyed Information and that there is no transfer of title or ownership to Us of any Intellectual Property Rights in the Material and Conveyed Information.
18. You shall:
    1. keep any Confidential Information acquired by You as a result of Your use of the Saleyards.com.au Website and the Services confidential; and
    2. keep all Confidential Information safe and secure,
    at all times.
19. You shall take all reasonable steps to ensure that Your employees, agents and contractors do not make public or disclose the Confidential Information.
20. If any provision of these terms of use is held to be illegal, invalid, void or voidable that provision shall be severed from these terms of use, without affecting the validity or operation of any other provision of these terms of use.
21. The termination of Your use of the Saleyards.com.au Website or the Services in accordance with these terms of use, will not terminate Your obligations under the provisions of these terms of use which are capable of surviving such termination including each provision of these terms of use relating to the protection of the Confidential Information and Intellectual Property Rights.
22. A failure or delay in the exercising of a right under these terms of use does not result in a waiver of that right. Any waiver of a right under these terms of use must be made in writing.
23. These terms of use and Your use of the Saleyards.com.au Website and the Services shall be governed by the laws of Victoria, Australia and You submit to the non-exclusive jurisdiction of the courts of Victoria and all courts that have jurisdiction to hear appeals from those courts.
24. From time to time We will collect personal information in relation to You and Your use of the Saleyards.com.au Website. This information will be collected and stored in accordance with Our Privacy Policy http://www.saleyards.com.au/esaleyards/terms/PrivacyStatement.asp. This information will be used for the purpose of providing the Services as well as our internal marketing and administration functions.
25. Notwithstanding any other provision of these terms of use and in accordance with Our Privacy Policy http://www.saleyards.com.au/esaleyards/terms/PrivacyStatement.asp, You authorise Us to disclose to Our potential clients, either directly or through Our advertising and promotional material that You use the Saleyards.com.au Website and the Services.
26. You warrant and confirm that You are over the age of 18 years, and that You will be solely responsible for the use of the Saleyards.com.au Website by children in Your control. We do not knowingly collect information about children. We take extra care in protecting the safety and privacy of children who use the Saleyards.com.au Website.