Agmates Terms of Use
Agmates, the web site www.agmates.com and Email Agmates AgNews, is owned by Laytwin Pty Ltd as trustee For The Truman Family trust and trading as Agmates (ABN 32 556 307 251). Access to and use of the website www.agmates.com. and Agmates AgNews, its associated email newsletter, is provided by The Truman Family Trust called in this document “the Publishers”, on the following Terms. Please read the whole of this page carefully.
Your access to and use of this site and other linked Agmates sites operated by us is subject to these terms and our Privacy Policy.These Terms apply generally to all users of the Agmates site. However, there are specific clauses that apply only to Advertisers, Sellers and Buyers using “Classified” selling method. If you do not agree to these Terms, you should not obtain information, services or products from this site.
From time to time, we may need to change these Terms to reflect our changing business. We may also need to change these Terms if we are required by law, for security reasons or for technical or infrastructure reasons. This page should be reviewed periodically so that you are updated on any changes. The Publishers welcome your comments and feedback.
If you are a seller, these changes will not apply to ads that you have already placed through the “Sell” system.
General Terms for all users
Agmates site
1.The Agmates site is an online advertising medium and marketplace that both advertises items for sale via traditional “Classified” advertising where potential buyers can browse listings and then purchase items by contacting sellers and negotiating the sale privately.
2. We are not involved in the actual transaction between sellers and buyers. We are merely a passive conduit for the on-line distribution and publication of information about items advertised for sale. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on the Agmates site. The accuracy or truth of any advertising listings on the Agmates site or the ability of sellers and buyers to actually enforce or complete a transaction.
Copyright and intellectual property
3. The material on the Agmates AgNews email and the Agmates website is protected by copyright under the laws of Australia and, through international treaties, other countries. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the email and the website (including text, graphics, logos, button icons and software) are owned or controlled for these purposes, and are reserved, by us or our advertisers or content suppliers.
Usage rules
4. You must comply with these Terms when accessing and using the Agmates site.
5. You warrant to us that you will not use the Agmates site for any purpose (including if you are a seller, placing an ad for sale) that is unlawful or prohibited by these Terms.
6. The Agmates site and the material contained on it are supplied solely for reference purposes.
7. You may download and print individual advertising listings from the Agmates site for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the Agmates site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the advertising listings on the Agmates site for commercial purposes or for commercial gain.
8. In addition, you must not:
(i) data mine or conduct automated searches on the Agmates site or the content on the Agmates site, whether through the use of additional software or otherwise; (ii) incorporate any of the content on the Agmates site with any other material, including advertising or promotional material; (iii) create HTTP links from the Agmates site to any other website on the Internet, except where the facility is provided by us to do so, or frame or mirror the Agmates site without our prior written consent; (iv) use the Agmates site or any facilities available on the Agmates site for any activities, or transmit to or via the Agmates site any information or material (including submitting ads or comments on AgNews Stories), which: (v) use the Agmates site or any facilities available on the Agmates site to defame, harass, threaten, menace or offend any person; (vi) tamper with, hinder the operation of, or make unauthorised modifications to the Agmates site or any content on the Agmates site; (vii) knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the Agmates site; (viii) use the Agmates site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or (ix) attempt to do, or permit another person to do, any of the above acts.
(a). breach any laws or regulations;
(b). breach these Terms;
(c). infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets);
(d). are inappropriate, offensive, racist, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
(e). are false or misleading;
(f). are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or
(g). identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority;
9 We may withdraw or alter any material you provide us (including any Comments you submit on published articles and if you are a seller, your ad ) if:
(i) we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of these Terms, the Guidelines, any law or third party rights; or (ii) we are instructed to do so by any third party.
We will tell you if we do this and if you are a seller and we withdraw or alter your ad. If we withdraw your ad for any of the above reasons, no refund will be paid.
Minimum Age and Legal Rights to Sell,
10. (i) You must be at least 18 years of age to place an ad with us, or buy an item via the Agmates site.. (ii) If you are a seller you must be legally able to sell the item you are advertising.
Verification
11. We reserve the right (but are not required) to verify the availability of items offered for sale, and to verify the information contained in any comments or articles submitted for publication. You agree that we may access your records and systems and/or contact you for the purposes of verification or clarification. You agree to provide such additional information as we reasonably require.
Other Websites
12.The Agmates site may contain links to other websites which are not maintained or controlled by us (“third party site”). Third party sites are not part of the Agmates site. These links are provided by us solely for your convenience.
13. We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave the Agmates site and do so entirely at your own risk.
Access to Agmates site outside Australia
14.You may only use the “Classified” selling method if you live in Australia or if you have registered your “Agmates” account with an Australian address.
15.We do not represent or warrant that the content on the Agmates site complies with the laws of any country outside of Australia. You can “Register” to recieve the Agmates AgNews Email if you live outside of Australia but you do so at your own risk.
No offer where illegality arises
15. Nothing on the Agmates site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
Privacy
16. We collect, use and disclose personal information in accordance with our Privacy Policy
No Warranty
17. We take all reasonable care in compiling our online advertising . However, the information Agmates site is provided ‘as is’ and we do not warrant or represent that it is complete, current or free from errors or omissions.
18. We do not warrant that we will continue to make the Agmates website available generally or at all and reserves the right at any time to impose or increase fees for future access to any material appearing in the email or on the website. The right is reserved to alter the email or the website at any time, even if it changes the equipment needed to access or use the email or the website or any part of it
19. We accept ads in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised in ads on the Agmates site, will be suitable for any particular purpose, or that an advertiser any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on the Agmates site, and it is your responsibility to verify any information on the Agmates site. before relying on it.
Our liability to you
20. The terms that apply to our supply of the Agmates site are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
Limitation of liability (if any)
21.Agmates liability to you (if any) for loss, damage or reliance shall be limited to the re-supply of the information or services or payment of the amount paid by you (if any) for advertising onthe Agmates website.
22. We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but:
(i) we do not accept liability to you for losses that result from your use of our services in connection with the conduct of a business. (ii) we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract); (iii) we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).
Indemnity
23. You indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of your accessing, using or transacting on this site or your attempts to do so and any breach by you or your agents of these Terms.
Termination, suspension and limitation of your access
24 We reserve the right to bar, suspend, terminate or limit your access to the Agmates site at any time if: (i) you are in material breach of these Terms; and (ii) we have told you in writing of your breach and you have failed to remedy it within the specified time frame; or (iii) the breach is something which cannot be remedied (in which case we can cancel the service immediately by telling you).
25. We may suspend, terminate or limit your access to the Agmates site with as much warning as we reasonably can, if:
(i) we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the Agmates site (including credit risk resulting from you not paying any fees owed to us on time); (ii) the law requires us to do so; (iii) we believe on reasonable grounds that providing access to the Agmates site to you is illegal or may become illegal; or (iv) we have received a serious complaint or multiple complaints regarding your activity and/or membership.
Agency
26. We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms.
General Provisions
27. If any part of these Terms of Use is found to be invalid, unenforceable or illegal, it shall be severed without affecting the remainder.
Specific Terms for all Advertisers
Advertising rules
28. Your ad may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. In addition, any phone number provided by you for listing in an ad must be yours, or you must have permission to use it. You must ensure that any phone number listed in your ad is correct.
29. You hereby assign all copyright in your ad to us.
30. Where GST is applicable on any items you advertise the advertised price must be inclusive of GST.
31. We will refuse to publish ads that offer for sale any item that we reasonably deem to be offensive or inappropriate for publication.
32. You agree that we have an unfettered right to use (in any way we see fit) any copyright subsisting in your ad . In this regard, it is your responsibility to procure any necessary moral rights consents from authors of work you submit as part of your ad.
33.Selling or buying via the Agmates site is available to both private and commercial advertisers.
34.If you are a commercial advertiser in Victoria, section 29 of the Fair Trading Act 1999 (Victoria) applies to your ad which requires businesses to identify themselves in their ad s by publishing the name and/or address of the business, the business registration or licence number, or the business name registration number. If you fail to identify your business by publishing these details, then we must keep a record of your name and address for at least 12 months.
35.If you are a commercial advertiser in Tasmania, section 23 of the Fair Trading Act 1990 (Tasmania) applies to your ad which prohibits businesses from listing their address as a private box number unless the ad also includes the business’ name and business address or the name and residential address of the person who has rented or obtained the private box number.
36. All ads placed on the Agmates site are 30 day Ads. Ads expire after 30 days unless you pay the relevant relist fee. You will be alerted by email 7 days before your ad is due to expire.
37. If you ad expires it cannot be relisted. You must create a new ad.
37. We encourage all ads to list a sale price that is based on the Fair Market Value of the item being sold.
38. No ad will for sale item will accepted without a stated selling price.
39. You may edit your ad at any time time your MyAgmates page whilst the ad is still “Live” on the site.
Specified Items
39. We do not accept or publish for sale any ads for or containing any items which are prohibited for sale in any part of Australia. In addition, we do not accept or publish for sale any ads for or containing any items that are listed in the Table of Prohibited Content.
40. Listing fees and optional feature fees for online only ads are charged at the time of placement of the ad and are non-refundable as online ads are published immediately: when: (i) Paying with credit card via the secure online PayPal option Neither agmates or payPal stores your credit card details. (ii) If you do not wish to use your credit card, you can select Manula Invoice. You can pay by either Direct Deposit or by Cheque. Your ad will not be published until payment is received. An extra $10 fee is charged over and above the listing price for using the manual invoice facility.
41. Any fees you pay to place an ad on or via the Agmates site do not grant you exclusive rights to any web pages on the Agmates site. We may, without your consent or any payment to you, place third party ads on any web page within the Agmates site.
42. Unless otherwise provided, all fees listed on this TP site are inclusive of GST.
43. A full list of selling fees can be found on the SELL page of the Agmates site.