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User Terms

These User term (“Terms”) apply to all Users of this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time. If you do not accept these Terms, you are not permitted to use our website services.

DEFINITIONS

“Buyer” means anyone purchasing vehicles or other related services through our website.

“Seller” means anyone offering, advertising or selling their vehicles and related services through our website.

“Content” means any and all material, links, words, images including but not limited to any goods and services the User submits, advertises or links to or on the website.

“Equipment” means any used or second hand machinery, vehicles, equipment or related products.

“Services” means a classified service whereby Sellers can advertise their Equipment and related services, Buyers can purchase Equipment and other related services that may be provided from time to time through our website.

“the website” means seek4.com.au

“We”, “our” and “us” means seek4.com.au, SEEK4 Pty Ltd, and includes directors, employees, contractors and affiliates.

“You” and “user” means the individual or business using our Services and by doing so, agree to these Terms.

ROLE OF seek4.com.au

We are acting as a neutral facilitator only by providing an information and classified service that brings together buyers and sellers. We are not a party to any transaction between Equipment buyers and sellers that may originate on or through this website. All information about any particular Equipment is supplied by the Seller and not by us. The price and all other terms of any sale remain subject to direct negotiations between you the Buyer, and any Seller.

We do not and cannot verify the information that Sellers supply nor can we guarantee the Equipment they offer. We are not involved in, are not responsible for and we assume no liability in respect of any Sellers, quotes, information supplied, prices, contracts or anything related to your Equipment enquiries to Sellers.

We urge you to make your own enquiries about any Seller before engaging their services and relying on their information. You should ensure you do your own due diligence to verify all Sellers, information and their services independently.

GENERAL USER AGREEMENT

In order to access and use our website and Services, you agree to the below terms.

You warrant that:

  • The information and messages you post using our Services or through the website is genuine, true and accurate;
  • You are 18 years of age or older and able to form a legal binding contract;
  • You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities;
  • You will manage and take over any claim by any Advertiser or third party that may arise as a direct or indirect result of your use of our services and this website.
  • By using our services and contacting any Buyers through our website, you represent that you are doing so in good faith, are authorised to sell Equipment, have the ownership rights and title to all goods, and will present all information in a true and correct manner to Buyers. You also represent that you are not breaching any regulations, restrictions or third party rights at any time when providing any Buyer quote.

You acknowledge and agree:

  • We are a facilitator only for the purposes of permitting Sellers to list and Buyers to purchase goods and services;
  • We are not responsible for, nor affiliated with any particular Seller beyond providing the Services;
  • We do not review listings for content by Advertisers on this website and do not guarantee the accuracy of any listings, or the availability, quality, safety, suitability or otherwise of the Equipment;
  • We are in no way responsible for your choice of goods or service purchases. Any goods or services purchased is your contractual relationship with that individual Seller. Any disputes, issues, dealings and complaints are to be dealt with directly and we are not to be involved. You agree to indemnify us for any claim which may result directly or indirectly from your action or inaction; and
  • By using this website, you authorize us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage or injury which may result from any advertisement on our website, including the storage, transportation and use of any Equipment advertised on this website.

You acknowledge and agree that we are facilitator only and are not in any way responsible for the conduct of any third party provider involved in the delivery of services or products in response to your request for Services.

We are in no way to be held liable, directly or indirectly for any loss, injury or damage that may result from any reliance on any advice, information, supply, transportation, possession, ownership rights, use, fault of the Equipment or otherwise directly or indirectly related to the use of our Services.

Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom, or statute are expressly excluded by these Terms.

This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on any Services. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.

Seek4.com.au is not responsible for any loss, damage or issues you may have with any other User and we cannot be held responsible for any direct or indirect loss you may suffer as a result of purchasing or relying on a Seller’s goods or services.

In addition, we will in no way be liable to you for any direct, indirect, incidental, special, or consequential loss or damage of any nature or type (including but not limited to any physical, mental or emotional injury, loss of opportunity or revenue, insolvency, or any other issue) which may arise as a result of your use of or reliance on this website, or anything related directly or indirectly to your use of any information or services on or through this website.

In any case, our liability to you will not exceed $100AUD.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

DISPUTES

By using this website and the accessing Sellers’ goods and services offered through this website, you agree and acknowledge that you do so at your own risk. You agree to address any and all problems, concerns and issues with any goods or services directly with the relevant Seller and that seek4.com.au is not liable for any action or inaction of the individual Sellers. We take no responsibility and are not liable for any Seller, other Buyer, user of our website, their action or inaction nor for any Equipment, sale transaction, or other related service provided through our Services on our website in any way. Whilst we hope that all Sellers will act honourably and with integrity, we cannot verify any Seller nor can we confirm the quality or reputation of any Seller. You need to check all Sellers references and reputation as you would with any Equipment purchase.

RELEASE

If You have a dispute with another user of the website, you release us (and our officers, directors, agents, subsidiaries, contractors and employees) from any claims, demands and damages, including but not limited to actual and consequential, of every kind, known and unknown, arising out of or in any way related to such disputes.

You may report any dispute to us and we may, in some instances, determine, in our sole discretion, to ban or block another user of the website. We are not to be involved in nor will we determine any dispute at any time.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and seek4.com.au’s rights and obligations to each other.

LINKS TO OTHER WEBSITES

Seek4.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between seek4.com.au and the owners of those websites.

We take no responsibility for any of the content found on the linked websites.

Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of SEEK4 Pty Ltd.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our Advertisers or Dealer.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

YOUR PRIVACY

At seek4.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We at all times, respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email or by changing your information on your profile. All information we receive from our customers, is protected by our secure servers. Seek4.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Seek4.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSE YOUR INFORMATION

Seek4.com.au may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, information, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Seek4.com.au. We expressly exclude and do not permit you to use or access our website, to download any documents or information from our website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any content or the website. We shall not be liable to you or any third party for any modification when it is required.

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website or any of our associated files.

WHOLE AGREEMENT

These Terms, our Privacy Policy, any terms our website and any written agreement regarding our Services represent the whole agreement between you and Seek4.com.au concerning your use and access to our website and your use and our Services. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

GOVERNING LAW

These Terms are governed by the laws of Queensland which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Queensland for determining any dispute concerning these Terms.