TERMS AND CONDITIONS

LAST UPDATE 5 JUNE 2020

NOTICE

  • 1.1. Your use of this Service is governed by the terms and conditions of the User Agreement.
  • 1.2. By using this Service, you acknowledge having read and agree to be bound by the User Agreement.
  • 1.3. You acknowledge that standardbredtrader is not the vendor or agent for any vendor, that standardbredtrader is only a classified listing service and that standardbredtrader is not providing any auctioneer services.
  • 1.4. You agree not to use standardbredtrader for the purposes of auctioning any thing or selling any thing by way of auction where “thing” includes any good or service.
  • 1.5. You acknowledge that a breach of these the User Agreement can result in the removal of your listing from any platform run by standardbredtrader or the suspension of your account.
  • 1.6. Your use of the Service is governed by the following documents:
  • 1.6.1. Standardbredtrader’s Privacy Statement, which can be found at the following link [#here insert].
  • 1.6.2. Standardbredtrader’s Listing Rules, which can be found at the following link [#here insert].
  • 2. DEFINITIONS
  • 2.1. “Associate” has the meaning given to it in section 318 of the Income Tax Assessment Act 1936 (Cth) and also includes any related body corporate within the meaning of the Corporations Act 2001.
  • 2.2. “AUD” refers to the currency of Australian Dollars.
  • 2.3. "Authorisation" refers to any applicable consent, approval, permit and registration or other type of authorisation given or issued by any applicable Regulatory Authority or any person.
  • 2.4. “Authorised” includes having authority or Authorisation to perform any act necessary or incidental to using the Services.
  • 2.5. “Listing Rules” refers to the rules that apply to you when you are offering to sell any Item to a Purchaser or offering to purchase any Item from a Seller.
  • 2.6. "standardbredtrader", "we", "our" and "us" refers to EXIMIUS AUSTRALIA PTY LTD ABN 64 156 217 015 trading as standardbredtrader.com.au.
  • 2.7. "Final Sale Price" refers to the total amount paid by a Buyer for an Item in a listing being the price inclusive of GST.
  • 2.8. “Item” or "Items" refers to horses, stallions services, semen or equine related goods or services being offered for sale by the seller.
  • 2.9. “Offer Period” means any period for which the listing is considered “active” in accordance with the Listing Rules.
  • 2.10. “Privacy Statement” describes how we collect, use, hold and disclose your personal information and your rights in relation to how we manage same
  • 2.11. “Purchaser” means any user of the Services who offers to purchase any Item.
  • 2.12. “Regulatory Authority” refers to any applicable government or local authority and any department, minister or agency of any government; and any other applicable authority, agency, commission or similar entity having powers or jurisdiction under any law or regulation or listing rules of any prescribed financial market and also includes means any entity authorised or empowered to exercise any power, authority or discretion pursuant to any statute, regulation, ordinance or any legislative instrument.
  • 2.13. "Services" means any service provided by us in relation to facilitating the buying and selling of Items governed by the Listing Rules.
  • 2.14. “Seller” means any user of the Services who offers to sell any Item.
  • 2.15. “User” means any person who has registered an account with standardbredtrader.
  • 2.16. “User Agreement” means these terms and conditions and the Privacy Statement.
  • 3. REGISTERING AS A USER OF THE SERVICES
  • 3.1. You are required to register an account with us in order to use our Services.
  • 3.2. You must protect your account including your login ID and password and keep your personal information updated.
  • 3.3. You are responsible for your account activity and so we will treat all your account actions as having been done by you.
  • 3.4. You will immediately notify us of any unauthorised use of your account.
  • 4. PROHIBITED USERS AND PROHIBITED USES
  • 4.1. You are ineligible to register as a User of the Service if you reside in Queensland.
  • 4.2. You are ineligible to use this Service whilst you are in Queensland and you warrant in using this service that you are not in Queensland.
  • 4.3. You must not use our Service to list any Item situated in Queensland.
  • 4.4. You must not use our Service for the purposes of offering to sell or offering to buy any Item on behalf of any person who is a resident of Queensland.
  • 5. STANDARDBREDTRADER.COM.AU LISTING SERVICE
  • 5.1. Our Service is a medium that enables you to buy and sell Items.
  • 5.2. By using our Services you make the promises and give the warranties set out in this clause.
  • 5.3. You warrant that are more than 18 years old, unless the legal age in your jurisdiction to purchase or sell an Item requires you to be older than 18 years of age, in which case you warrant that you are at least the legal age as stipulated in your jurisdiction.
  • 5.4. If you are a Seller, you warrant that you are Authorised to list, sell, and deal with any Item listed.
  • 5.5. If you are a Buyer, you warrant that you are Authorised to buy and deal with any Item listed.
  • 5.6. If you are a Seller, you warrant that you have title to any Item that you list with us.
  • 5.7. If you are a Seller, you promise that you will accurately describe any Item listed with us.
  • 5.8. If you are a Seller, you warrant that any listing information that you provide for any Item will not be false, misleading or inaccurate or not likely to be false or misleading or inaccurate.
  • 5.9. If you are a Seller, you promise that if you have any reason to suspect or believe that any listing information that you have provided to us is false, misleading or inaccurate or not likely to be false or misleading or inaccurate, then you will update that listing to correct any particular that would make your listing false, misleading or inaccurate or not likely to be false or misleading or inaccurate.
  • 5.10. If you are a Buyer, you promise that you will not make any offer to buy any Item that you have listed or that you do not intend to purchase.
  • 5.11. If you are a Buyer, you promise that you will not do any act that is likely to or does interfere with or result in the manipulation of the prices of any listing.
  • 5.12. If you are a Buyer, you promise that you will make payment for the Items in the listing if the Seller accepts your offer to purchase those Items.
  • 5.13. If you are a Seller, you promise that you will release Items purchased from you on terms that you agree with the Buyer.
  • 5.14. If you are a Buyer, you promise that you will organise delivery within 3 days of Item(s) purchased by you or be subject to pay agistment at the rate of $30 per day to the Seller for any livestock.
  • 5.15. If you are a Buyer, you acknowledge that you are responsible for any insurances for any Item purchased.
  • 5.16. If you are a Buyer, you acknowledge that you will organise payment and transfer directly with the Seller.
  • 5.17. You will not transfer or assign any standardbredtrader.com.au account without our consent.
  • 5.18. You will not copy, change or distribute rights or content from the Services or standardbredtrader.com.au trademarks and copyright.
  • 6. LISTING
  • 6.1. By making any listing, you agree to adhere to the Listing Rules.
  • 6.2. By making a listing, you acknowledge and accept that any offer made to you above your list price is considered a deal and that you are obliged to honour the transaction with that person unless:
  • 6.2.1. the buyer fails to meet terms;
  • 6.2.2. another person makes a higher offer within the Offer Period.
  • 7. BUYING
  • 7.1. By making an offer on a listing you agree to adhere to the Listing Rules.
  • 7.2. If you make an offer on a listing and the seller accepts your offer, you are required to with any conditions disclosed by the seller in their listing, so long as that condition does not infringe this User Agreement or the Listing Rules.
  • 7.3. You agree not to revoke your offer and you acknowledge that the seller may accept your offer at any time prior to the expiry of the Offer Period.
  • 8. FEES AND PAYMENTS
  • 8.1. If you are a buyer, you are required to make full payment in AUD within 48 hours of the end of the sale unless agreed otherwise with the seller.
  • 8.2. Non-payment within these terms may result in a void transaction, re-listing and the cancellation of your account and any further participation with standardbredtrader.com.au.
  • 9. BUYING
  • 9.1. There are no buying fees at this time. We will email you should we wish to charge buying fees in accordance with clause 21 of this User Agreement.
  • 10. SELLING
  • 10.1. We charge 5% of the Final Sale Price for Items sold on standardbredtrader.com.au.
  • 10.2. No fees are due for unsold Items.
  • 10.3. All fees are quoted in AUD inclusive of GST.
  • 10.4. You are responsible for all applicable fees and taxes associated with your use of our Services.
  • 10.5. All fees are due within 24 hrs and are refunded should the sale cancel for any reason.
  • 10.6. We will email you should we wish to change selling fees in accordance with clause 21 of this User Agreement.
  • 11. STANDARDBREDTRADER.COM.AU IS NOT AN 'AUCTIONEER'
  • 11.1. You acknowledge that standardbredtrader.com.au is not an auctioneer.
  • 11.2. You acknowledge that standardbredtrader.com.au does not at any time have title to any Item and is not the vendor or the agent of the vendor, bailee for the vendor or consignee for the vendor.
  • 11.3. You acknowledge that we do not have any responsibility in transferring title to any Items listed and sold through the Service.
  • 11.4. You acknowledge that our Service is a platform i.e. a medium that enables Users to buy and sell Items online.
  • 11.5. You acknowledge that by using our Service you may create binding contractual relations with another User and must comply with your obligations to that User when you enter into a transaction.
  • 11.6. You acknowledge that you are responsible for enforcing any rights that you may have under any contract formed with any other User should any User breach any obligation to you.
  • 11.7. You release us from all claims, demands, losses and damages (including consequential) resulting out of or in connection with any dispute.
  • 12. STANDARDBREDTRADER.COM.AU LIABILITY
  • 12.1. To the fullest extent permitted by law, this User Agreement excludes any terms which would otherwise be implied into the User Agreement by any statute
  • 12.2. You acknowledge that standardbredtrader.com.au makes no warranty in relation to the Services other than as contained in the User Agreement or as prescribed by law that cannot be excluded.
  • 12.3. You acknowledge that standardbredtrader.com.au is not liable to you for any indirect or consequential damages, loss of profits, loss of revenue, loss of goodwill or any other indirect or consequential loss however occurring or however arising out of or in relation to the Services, even if we knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute.
  • 12.4. You acknowledge that our liability to you in respect of any loss or damage (including consequential or indirect loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of the Services or in respect of a failure or omission on our part to comply with our obligations is, in aggregate, limited to an amount equal to $50, unless that liability arises out of an Item sold through the use of the Service, in which case our liability is in aggregate limited to an amount equal to 5% of the Final Sale Price for that Item.
  • 12.5. You acknowledge that standardbredtrader.com.au does not warrant the accuracy of any listing or any information in relation to any listing or any User (including the identity or purported identity, creditworthiness or other attribute of any Seller or Buyer).
  • 12.6. You understand the risks of trading online and agree that you will use our Services at your own risk and not hold standardbredtrader.com.au responsible for errors.
  • 12.7. You acknowledge that standardbredtrader.com.au cannot warrant or guarantee that our Services will be uninterrupted or free from errors.
  • 13. RESTRICTION OR SUSPENSION
  • 13.1. Without limitation or notice, we may:
  • 13.1.1. delay your listing;
  • 13.1.2. restrict or suspend your use of our Services;
  • 13.1.3. delete your account; or
  • 13.1.4. refuse to provide our Services;
  • 13.2. Circumstances in which we may restrict or suspend your account include, without limitation, when:
  • 13.2.1. you have breached or we suspect you may have breached this User Agreement or the Listing Rules;
  • 13.2.2. your actions potentially cause loss or damage to other Users, third parties, us or yourself;
  • 13.2.3. your account has been inactive for a long time; or
  • 13.2.4. you provide information that we can’t verify.
  • 14. INDEMNITY
  • 14.1. You agree to indemnify standardbredtrader.com.au or any Associate of standardbredtrader.com.au against any claim, loss, damage, cost or expense (including legal fees) resulting from or in connection with:
  • 14.1.1. your use of the Services;
  • 14.1.2. your breach this User Agreement; or
  • 14.1.3. a third party claiming infringement of their copyright or intellectual property rights.
  • 15. PRIVACY
  • 15.1. We collect your personal information to provide our Services and to verify your identity.
  • 15.2. You should read the standardbredtrader.com.au Privacy Statement as is it outlines how we use personal information and it forms part of this User Agreement. See [##insert here]. For a copy of the Privacy Statement.
  • 16. CLOSING YOUR ACCOUNT
  • 16.1. You may close your standardbredtrader.com.au account provided that you have paid all outstanding fees and are you are not the subject of any complaints or disputes relating to our Services.
  • 17. GOVERNING LAW
  • 17.1. This User Agreement is governed by the laws of New South Wales, Australia and you and irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
  • 18. NO AGENCY
  • 18.1. standardbredtrader.com.au will not act be acting as your agent for the purposes of this User Agreement or through your use of our Services.
  • 19. LEGAL NOTICES
  • 19.1. Legal notices may be served:
  • 19.1.1. in the case of service to standardbredtrader.com.au – by email to team@standardbredtrader.com.au;
  • 19.1.2. in the case of service of any document or process to you – by email to the email address you provided when registering for an account.
  • 19.2. Legal notices sent to standardbredtrader.com.au must also be made by registered mail to “standardbredtrader, PO Box 300 Gladesville, NSW 1675. Australia”.
  • 20. CHANGES TO THIS USER AGREEMENT
  • 20.1. We may update this User Agreement at any time by posting updated terms on the standardbredtrader.com.au website at www.alphastud.com.au and emailing your linked account.
  • 20.2. Any update will be effective 30 days after publication on our website.
  • 20.3. If you do not accept these updates then you must cease using our Services and you may close your account in accordance with clause 16 of this User Agreement.
  • 21. GENERAL
  • 21.1. If any provision of this User Agreement is held to be invalid, illegal or unenforceable, then to the extent permitted by law, it will be read down or if it cannot be read down, will be severed. The remaining provisions will not be affected or impaired.
  • 21.2. Clauses 11 (standardbredtrader.com.au is not an 'auctioneer'), 12 (standardbredtrader.com.au liability), 13 (Indemnity) and 17 (Disputes) survives termination of this User Agreement.
  • 21.3. We may assign our rights and obligations under this User Agreement without your consent.
  • 21.4. No leniency, indulgence or extension of time granted by us to you or any other person will prejudice any of our rights in any way or constitute a waiver of any of our rights.
  • 21.5. Headings are for convenience only and do not affect interpretation of this User Agreement. STANDARDBREDTRADER.COM.AU LISTING RULES
  • 1. If you are a Buyer, you will agree to complete the transaction with a Seller, including by entering into a contract with the Seller on terms stipulated by the Seller in their listing, if you make the highest offer at the end of a listing.
  • 2. If you are a Buyer, you will pay for any Items for which you have made an offer that the Seller accepts on terms stipulated by the Seller in their listing and at your offer price.
  • 3. If you are a Buyer, will read the description in the listing and agree to any conditions of sale specified by the seller.
  • 4. If you are a Buyer and you do not understand any aspect of any listing, you agree not to make any offer for the Item being listed.
  • 5. If you are a Buyer, you will not try to buy or offer to buy the Items outside of our Services.
  • 6. If you are a Seller, you will only list Items for genuine sale.
  • 7. If you are a Seller, you will provide true and accurate listing information.
  • 8. If you are a Seller, you warrant that you have the authority to sell any Item that you list.
  • 9. If you are a Seller, you warrant that you will only list an Item to which you have clear title that is free of any encumbrance, security or other prior interest, whether legal or equitable.
  • 10. In respect of both Buyers and Sellers, an offers may only be made or received when a listing is “active”. A listing will remain active for a period of not more than 30 days after listing. The Seller may determine the active period at the time of first listing but may not change the active period thereafter.
  • 11. In respect of both Buyers and Sellers, the Buyer is responsible for exchanging documents as necessary to effect the transfer of title and registration of any Items with the applicable Regulatory Body.
  • 12. Whether in the capacity of Buyer or Seller, you must not make an offer or purport to make an offer to purchase any Item that has been listed by you or by an Associate of yours.
  • 13. Whether in the capacity of Buyer or Seller, you will not do any act that is likely to or does result in artificial inflation of the listing price.