CONSUMER TERMS AND CONDITIONS

ACCESS TO THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS

1 Definitions and interpretation

1.1. Definitions Unless the context requires otherwise, words and phrases beginning with a capital letter in these Terms and Conditions have the following meaning;

Intellectual Property means all Website Material and literary, artistic works and other copyright works, processes, designs, and any other platform developed by Tamworth Livestock Agents, and the source code for the Website and those platforms and any application or right to apply for registration of any of these rights and whether developed before or after the date of these Terms and Conditions in the Commonwealth of Australia or throughout the world;

Loss means any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence);

Member means a member of Tamworth Livestock Agents network being a livestock agent

our, us and we means Tamworth Livestock Agents;

Privacy Policy means the Privacy Policy accessible on the Website;

Tamworth Livestock Agents means TAMSCAN PTY LTD (ACN 118 339 165);

Terms and Conditions means these terms and conditions and any additional terms, conditions, notices and disclaimers displayed on the Website;

User means any individual or entity who uses or accesses the Website, including without limitation Members;

Website means www.tamworthlivestockagents.com.au including the Website Material and its related services, products, websites, tools and applications;

Website Material means all content and data which make up the Website; and you and your means a User.

1.2. Interpretation In these Terms and Conditions, unless inconsistent with the context or subject matter:

1.2.1. a reference to a person includes any other legal entity and vice versa;

1.2.2. words importing the singular number include the plural number and vice versa;

1.2.3. a reference to a party includes the party's heirs, executors, successors and permitted assigns;

1.2.4. headings are for reference purposes only;

1.2.5. where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;

1.2.6. references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;

1.2.7. unless otherwise stated, all references on the Website and in the Terms and Conditions to a monetary amount is a reference to an Australian dollar currency amount; and

1.2.8. an obligation of two or more parties binds them jointly and each of them severally.

2. Scope of Terms

2.1. These Terms and Conditions and our Privacy Policy form the basis on which the User may access and use our Website. If the User is a Member, the User are also bound by the Member Terms and Conditions.

2.2. Access to the Website is subject to these Terms and Conditions contained herein to the exclusion of anything to the contrary.

2.3. The Website is owned and operated by Tamworth Livestock Agents.

2.4. A User is deemed to have agreed to be bound by these Terms and Conditions if the User browses Website Material or otherwise accesses the Website.

2.5. Should a User object to any Terms and Conditions, that User should immediately cease all use of, and access to, the Website.

2.6. Tamworth Livestock Agents reserves the right to amend, vary, alter the Terms and Conditions at any time, by publishing or updating the Terms and Conditions on the Website without notice to the User. Each time the User uses the Website they should revisit the Terms and Conditions as the User’s continued access of the Website constitutes the User’s agreement to the then latest Terms and Conditions published.

2.7. Please note that the Website Material allows Users to enter personal information (such as name and contact details). Tamworth Livestock Agents will use this information in accordance with our Privacy Policy.

3. Previous Dealings

3.1. Previous dealings between Tamworth Livestock Agents and the User shall not have any effect on these Terms and Conditions.

4. Use of Website

4.1. The Website is available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. Without limiting the foregoing, the Website is not available to persons under 18 years of age. If you do not qualify, please do not use the Website.

4.2. The User is solely responsible for their information that they transmit through the Website, as Tamworth Livestock Agents acts as a passive conduit for the distribution and publication of User information.

4.3. The User agrees and acknowledges that by accessing the Website, they will only use the Website for the Website's intended purpose and must not use it for any purpose that is unlawful or prohibited by these Terms and Conditions.

4.4. The User may not use this Website in a manner which could damage, disable, overburden or impair the Website or interfere with any other Users’ use and enjoyment of the Website.

4.5. The User agrees and acknowledges that access to the Website is limited to general information purposes and the User shall not use, distribute or reproduce the Website Material for any other purpose, whether it be for a commercial or financial purpose.

4.6. Website Material is provided solely for reference purposes. Details supplied on the Website may not be appropriate or correct for the User’s specific circumstances and should not be relied upon and the User warrants that they have not relied upon such information.

4.7. The User acknowledges that any transactions resulting from use of the Website will be with the Member directly, and will be completely independent from Tamworth Livestock Agents.

4.8. The User’s use of the Website, and the information the User provides to Tamworth Livestock Agents (including by transmission through the Website), must not:

4.8.1. be false, inaccurate or misleading;

4.8.2. be fraudulent or deceptive;

4.8.3. infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;

4.8.4. violate any Applicable Laws (including those governing consumer protection, unfair competition, criminal law or antidiscrimination);

4.8.5. be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;

4.8.6. be obscene;

4.8.7. contain comments of a religious, political or social nature;

4.8.8. contain any viruses or otherwise affect the integrity, operation or security of the Website;

4.8.9. create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other Users or other suppliers;

4.8.10. damage the credibility or integrity of the Website or Tamworth Livestock Agents, or dilute, tarnish, or otherwise harm our brand in any way;

4.8.11. link directly or indirectly to or include anything that:

4.8.11.1. the User does not have a right to link to or include, or

4.8.11.2. could cause Tamworth Livestock Agent’s to violate any Applicable Laws;

4.8.12. copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms and Conditions;

4.8.13. use the Website for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the Website, or in a manner that falsely implies Tamworth Livestock Agent’s endorsement, partnership or otherwise misleads others as to the User’s affiliation with Tamworth Livestock Agent’s;

4.8.14. use the Website in connection with the distribution of unsolicited commercial email ("spam");

4.8.15. "stalk"or harass any other User or Member, or collect or store any personally identifiable information about any other User other than for the sole purpose of transacting through the Website in compliance with these Terms and Conditions.

5. Intellectual Property

5.1. The parties agree and acknowledge that all Intellectual Property remains the absolute property of Tamworth Livestock Agents on and from its creation, subject to the rights of any Member set out under the Member Terms and Conditions, and that no right, title or interest in any of the Intellectual Property is transferred or granted to the User, except so far as expressly stated in these terms.

6. Relationship of Parties

6.1. Nothing in these Terms and Conditions or the User’s use of the Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between Tamworth Livestock Agents and Users.

7. Warranties

7.1. The User warrants that the User:

7.1.1. has the authority to enter into these Terms and Conditions; and

7.1.2. will comply with its obligations under these Terms and Conditions.

7.2. The parties agree and acknowledge that any breach by the User of the warranties contained in clause 11.1 will be considered a material breach of these Terms and Conditions.

8. Disclaimer

8.1. The User agrees and acknowledges that any of the information contained on the Website including but not limited to the Website Material is not professional, legal, financial, investment or real estate advice or a formal recommendation of any kind.

8.2. This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions or the User’s use of this Website.

9. Limitation of liability

9.1 The User uses the Website at its own risk.

9.2. To the extent permitted by law, Tamworth Livestock Agents makes no representation and gives no warranty or guarantee as to the suitability, accuracy, quality, performance or fitness for purpose of the Website (including Advertisements and Items for sale), and any implied warranties and conditions are hereby excluded. Users acknowledge and agree that all such warranties and conditions are excluded.

9.3. The User hereby releases Tamworth Livestock Agents and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from all Loss suffered by the User or any other person relating to or arising out of the provision of the Website or these Terms and Conditions.

9.4. The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise and applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions or the User’s use of the Website.

10. Indemnities

10.1. The User fully indemnifies and holds harmless RMA and our related entities, related bodies corporate, officers, directors, agents, and employees, for any loss, claim or damage of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and claims made by third parties, incurred by the User for any misuse of the Website and the Intellectual Property or for breach of these Terms and Conditions or any policy, or for the User’s violation of any law or rights of a third party, or otherwise arising directly or indirectly from the User’s use of the Website.

11. Security

11.1. Whilst Tamworth Livestock agents uses its best endeavours to maintain the security of the Website, Tamworth Livestock Agents does not guarantee the security of the Website, Tamworth Livestock Agent’s records, or the User’s information. We disclaim all liability for any computer virus or technological problems that the User suffer as a result of the User’s use of the Website, or any Loss suffered due to any data breach or compromise/misuse of the User’s data that is provided to Tamworth Livestock Agents in connection with the Website.

12. Severability

12.1. Any provision of these Terms and Conditions which is prohibited, void or unenforceable in any jurisdictionis ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. This does not invalidate the remaining provisions of these Terms and Conditions nor does it affect the validity or enforceability of that provision in any other jurisdiction.

13. Privacy

13.1. By accessing the Website, the User agrees and acknowledges that Tamworth Livestock Agents will collect or otherwise deal with the personal information of the User in accordance with the Privacy Policy.

13.2. Links to Member's websites do not form part of the Website and are not under the control or the responsibility of Tamworth Livestock Agents. If a User links to a Member's website, a User does so at their own risk.

14. About these terms and conditions

14.1. These Terms and Conditions are effective as of the date of its publication on the Website.

We are committed to regularly reviewing these Terms and Conditions to ensure they contain accurate information and we may amend these Terms and Conditions from time to time without notice to you. You should regularly check our Website for our updated Terms and Conditions.