WEBSITE TERMS AND CONDITIONS
Terms and conditions apply to the use of this website, including the placement of directory listings, advertising of goods and services and participation in our discussion forums. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
These terms and conditions are effective from January 2011
1.1 In these terms and conditions, the terms “we”, “us” and “our” area refer to Equine Trader, Equine Racing, Venues, Turner Media Ltd and any other Turner Media website linked to these Terms and Conditions, all of which are encompassed by the term ‘TML’ hereafter.
2. Amendments to Terms and Conditions
2.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website
following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
3.1 You agree that, to the maximum extent permitted by law, any and all liability and responsibility of TML to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. TML's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
4.1 You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of TML's message boards, your sale or attempted sale of an item prohibited, or arising out of any content or item you submit, post, transmit, or make available through the Services.
5.1 Without limiting any other rights and remedies available to TML, TML may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where TML considers it appropriate.
6.1 In order to be able to place directory listings, list or enquire about listings of goods or services for sale in the classifieds section of this website, or post information in the discussion forum, or any other section of the website you must register to become a member. To become a member, you must complete your registration details in the manner described on the website. Membership is non-transferable.
6.2 We reserve the right to terminate your membership at any time if you breach these terms and conditions.
6.3 If you are not a member, you are entitled to access the discussion forum and other areas of this website for reading purposes only. Persons in this category are described as “guests”.
7. Members’ Obligations
7.1 By registering as a member of our website and using the discussion forum and other features of the website you agree to abide by the following terms and conditions:
i. To pay all costs incurred on the website. For example, those incurred when placing a paid listing of any kind, advertising in the classified section or auction;
ii. You acknowledge that any information or material submitted by you to the website is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction;
iii. When you submit material to the website, you assign all copyright which subsists in such material to us;
iv. You are responsible for protecting the confidentiality of your password;
v. You will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
vi. You agree not to disrupt the flow of dialogue in the discussion forum or other areas of the website or otherwise act in a manner which negatively affects other members;
vii. You agree not to impersonate any other person;
viii. You agree to provide current, accurate and up-to-date information about yourself as required under these terms and conditions;
ix. You agree not to post or transmit any unsolicited advertising or promotional materials in the discussion forum;
x. Any material which you post may be removed by us from the website without notice at any time;
xi. You will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;
xii. You will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware
xiii. You accept that any material or information provided by you may be posted in the discussion forum for any other members or guests to read;
xiv. All information provided by us on this website is provided in good faith. You accept that any information provided by us in general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time;
xv. We do not make any representations or warranties that the information we provide on this website is reliable, accurate or complete or that your access to the website will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears on this website
xvi. We do not accept any liability for the accuracy or content of any material posted by other members on this website. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member;
xvii. We do not accept any responsibility or liability for any information or material which you submit to this website, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the website;
xviii. We do not warrant that we will respond to questions or comments submitted by you to our discussion forums or otherwise on this website;
xix. If you download any material from this website, you acknowledge hat we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialize any information, products or services from the downloaded material.
xx. You cannot at any time place anything for sale or conduct business in the forum. To do so will jeopardize your account with us and we may reserve the right to terminate your account. Your advertisement will also be removed immediately. To place any advertisements will have to be done through the classifieds section of the site.
8 Termination of Membership
8.1 We reserve the right to decline membership of this website without entering into further discussion with you. We may terminate your membership of this website at any time if we have reason to believe that you have breached these terms and conditions. You may terminate your membership of this website by emailing us and requesting that your membership be terminated. You shall not be entitled to receive any refund of your membership fee.
9.1 All listings, bids or communications made through TML shall be made in good faith. Classified and auction listings are for things that are for sale and are available to private individuals. Classifieds and auction listings from businesses are accepted at TML's discretion. Lisitngs for services are accepted at TML's discretion but generally should be listed in the Diorectory section. Fees may apply.
9.2 You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. You may not use or contact any classifed or directory listings or information on this site as part of your own commercial enterprise or to promote your own services to our advertisers.
9.2 You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
9.3 You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the TML message boards.
9.4 Not withstanding the above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Cars and trucks, Property, Jobs and classifieds.
9.5 You must list auctions and classifieds in Australian dollars if you are an Australian member, or New Zealand dollars if a New Zealand member, and include GST in the price (except when listing commercial property for lease, which might exclude GST). All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
9.6 You must not complete a transaction outside of the TML process or otherwise seek to avoid TML's success fees, if any. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in TML suspending or terminating your membership at the discretion of TML.
9.7 Contracts for the sale of land must be in writing to be legally enforceable. You must not use the Services or the Website to promote items for sale outside the Services.
9.8 You are responsible for any actions taken through your membership. TML memberships are not transferable and therefore cannot be sold, leased, lent or traded.
You must not contact advertisers via the directory for the purpose of promoting products or services.
10 Your obligations as a seller
10.1 Sellers must be located in New Zealand or Australia. Sellers outside of these countries are not permitted to sell on TML. Australian sellers on NZ websites must accept payment into their own domestic New Zealand bank account as one of their available payment options. NZ sellers on Australian websites must accept payment into their own domestic Australian bank account as one of their available payment options Sellers should not send items to an address that is outside New Zealand and Australia. In the case of the Venues websites, TML may agree to approve offshore (outside of Australia or NZ) members and listings if the venues listed are in located Australia or NZ but the manager or owner is offshore.
10.2 You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item.
10.3 You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. You will not sell or offer services. For NZ members In the case of automobiles that are offshore or in transit to New Zealand you must be a registered motor vehicle trader and hold clear authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing. Any land listed for sale must be in New Zealand.
10.4 You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach any of the clauses in these Terms and Conditions. You agree that TML may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause at any time.
10.5 You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
10.6 When you list an item for auction on TML, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
10.7 TML classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic items or job listings. You must not place multiple listings for a single item or job. Multiple listings by a business may be deemed to be a business activity breaching the site’s terms and conditions and may be removed.
10.8 Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use TML listings to promote a business or website other than one for sale in your listing.
10.9 You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.
10.10 You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction.
10.11 For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
10.12 For classifieds, you may choose to sell to any buyer at your discretion.
10.13 Listings are not pre-screened for content. TML reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
10.14 You agree to your email address being supplied to the buyer when your auction closes.
10.15 You must promptly forward the listed item to the successful buyer on completion of the transaction.
10.16 You must not charge unreasonable amounts for shipping and packaging costs.
10.17 In NZ the sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. The offence carries a maximum penalty of $3,000 per publication. If any publication was sold, and deemed to be objectionable and where the seller knew the publication was objectionable, the maximum penalty consists of 10 year's imprisonment per publication. Therefore, when listing these items for sale, you must include within your listing, the New Zealand classification rating and all information on the classification label.
10.18 The selling of firearms on TM websites is not permitted
10.19 If you are selling a car online by auction, you must attach to the motor vehicle, in a prominent position, a Consumer Information Notice (CIN). In particular, you must state on the CIN any security interest registered over the motor vehicle.
10.20 If you sell six or more vehicles in a year, you are likely to be a motor vehicle trader and must be registered. Motor Vehicle Traders selling cars online by auction must attach a CIN to their listing (e.g. through a photo) and provide the CIN to the successful buyer. For more information visit the Motor Vehicle Traders Register website.
11 Your obligations as a buyer
11.1 You must be located in New Zealand or Australia to buy on TML websites. People outside of these countries are not permitted to purchase items on TML.
11.2 Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
11.3 If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
11.4 You must make full and prompt payment for any item you buy.
11.5 You agree to your username and the amount of your bid being publicly shown on the TML Website. You also agree to your email address being supplied to the seller when you win an auction.
11.6 If your bid is successful and you do not pay for the item, you will receive a warning from TML if the seller complains about you. After 3 such complaints, TML may suspend or terminate your membership.
11.7 You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction.
12. TML Accounts
12.1 TML maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. TML accounts may not be used for the payment of items sold using the Services.
12.2 You must settle any negative account balance immediately. TML reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that TML incurs when collecting that debt.
12.3 If your membership is terminated TML will refund the balance of your credit account, less a $5 manual processing fee that is payable to TML. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of TML credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
13.1 Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. TML reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
13.2 You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction
13.3 You must not post feedback about yourself or include any contact details or personal information in your feedback
13.4 Feedback is provided for the sole purpose of facilitating trading between members on the TML Website. You must not market or export any feedback to any venue other than the TML Website. Linking to your TML feedback from other buying and selling websites will be considered a breach of our terms and conditions.
14 FEES AND ACCOUNTS
TML Listing Fees and Success Fees
14.1 TML may, from time to time, charge fees for the use of the Website as a venue, but does not currently do so. Any change to this policy will be notified prior to the date that the new fees structure applies.
14.3 Any non-commission listing fees are charged at the time of listing and are not refundable. TML may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. TML will only issue refunds in the form of credit to the TML account of the member. Cash refunds will not be issued. Credits on accounts with TML are not transferable between members.
14.4 TML reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
14.5 If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to TML account balances.
14.6 TML reserves the right to investigate queries regarding the refund of success fees with bidders, other members, Internet Service Providers, and any other relevant party.
14.7 Before listing an item, you should review TML's fees to ensure you are aware of the fees that you will incur. You must pay the fees immediately upon demand by TML.
15. Sale and Purchase of Goods & Services
15.1 The classifieds section of this website is intended as an advertising space in which members can post and share information and can advertise goods and services for sale. We do not take part in the sale of goods or services other than by providing the website as an advertising entity for members
15.2 Any sale and purchase entered into as a result of any advertisement placed on this website is conducted entirely at the risk of the buyer and seller
15.3 We do not act as agent for either party to a transaction.
15.4 We do not give any undertaking, warranty or representation in any way in relation to:
(a) The ownership of any item;
(b) The content, safety, description, worthiness, quality or legality of
any of the goods or services listed on this website;
(c) The goods or services meeting your requirements or expectations;
(d) The ability of the members or guests to complete a transaction
16. Website Competitions
16.1 From time to time we will run competitions through the website whereby members can win products and other prizes.
16.2 Prizes listed in the competition may be substituted for like or other products in the event that the listed prize or prizes is/are unavailable from our sponsor or our supplier at the time the competition closes.
16.3 TML will always endeavour to provide prize items of similar looks and function to the advertised prize but no correspondence will be entered into with members in relation to the substitution of prizes as outlined. The decision of TML on the matter is final.
16.4 Any user who sends to TML photos in relation to the Photo of the Week Competition consents to such photos being used for other purposes including but not limited to the advertising of the TML Website
16.5 Any user supplying photos for the Photo of the Week Competition warrants to TML that they have rights to use such photo(s).
17.1 We do not warrant that any material you submit to the website will be protected against loss, misuse or alteration by third parties.
17.2 We do not warrant that we will post your information or material on the website. If we elect in our sole discretion to post your information or material on the website, we do not warrant that the material or information you submit will be posted within a certain timeframe.
17.3 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
17.4 To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods and we have supplied such goods to
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services and we have supplied such services
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
17.5 Exception to Disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
18 Specific Warnings
18.1 You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
18.2 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website
18.3 We do not accept liability for any losses arising directly or indirectly from a failure to provide the facilities of this website, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other members in contravention of the members’ obligations as set out in these terms and conditions or any content transmitted by a non-member.
18.4 You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your password or ID, whether or not you have authorized that person to use your password or ID.
18.5 You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences.
18.6 Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the NZ Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorized by these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
(b) commercialize any information, products or services obtained from any part of this website; without our written permission.
20. Trade Marks
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive;
(d) in a manner that disparages us or our information, products or services (including this website).
21. Restricted Use
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorized to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
22. Linked Websites
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
24. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
25. Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination
26. Governing Law
These terms and conditions are governed by the laws in force in Australia or New Zealand. You agree to submit to the exclusive jurisdiction of the courts of Australia if an Australian member, or New Zealand if a New Zealand or offshore member.
27.1 We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
27.2 If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
27.3 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
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