New Farm Machinery Terms and Conditions

General Terms of usage:

The New Farm Machinery Search Website ("the Site") is owned and operated by Trader Classifieds - a division of ACP Magazines limited.

www.newfarmmachinery.com.au is a new farm machinery specifications site which provides a buying service to the user. All items listed and displayed on this site are sold and delivered by authorised dealers of the manufacturer not Trader Classifieds.

Your access to the Site is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers set out below and elsewhere in the site ("the Terms"). By accessing the Site you are agreeing to the Terms. Trader Classifieds reserves the right to change the Terms at any time.

For the purposes of these terms and conditions: Trader Classifieds includes any of its related body corporates, the publisher of the magazine/s associated with this Site (where applicable) and each of their officers, employees and agents; Users means users of the web site and, where appropriate, advertisers on the web site.

• Users will not use this site for any purpose or in any way which is contrary to these terms and conditions or which is unlawful.
• Trader Classifieds makes no representation, claim or promise that any of the vehicles listed in the Site are available for purchase at the time of your access to the Site
• Trader Classifieds accepts no responsibility whatsoever for the content and information regarding vehicles as they appear on the Site and will not accept any responsibility for any shortages in supply or lack of availability of any vehicle which appears in the Site
• Trader Classifieds may, at its discretion, refuse to pass on a lead to an advertiser if it believes the lead may infringe the rights of any person or may not comply with all the laws and regulations of the States and Territories.
• Users warrant they have not relied on any representation made by Trader Classifieds which has not been expressly stated in these terms and conditions, or upon any descriptions, illustrations or specifications contained in any document including publicity material produced by Trader Classifieds
• Users agree to make no claim or demand of any nature whatsoever arising out of, or related to, the inability of any person associated with the Site (including any manufacturer or dealer participating in the provision of information to the Site) to supply or deliver any vehicle which appears in the Site
• All intellectual property on the Site belongs to Trader Classifieds or its licensors, and Users obtain no interest in that property. Users may not do anything which interferes with or breaches those intellectual property rights
• Users may access the Site to retrieve, review or download material (defined as: information, text, image, graphics, software and advertisements) only for personal information
• Users may save a copy of or print material from the Site for personal information but may not charge any fee for any use of the material and all commercial exploitation of any material is expressly prohibited
• This site may include links to third party sites which are not related to Trader Classifieds and in relation to which Trader Classifieds has no control or interest. The appearance of those links on this site does not indicate any relationship between Trader Classifieds and that third party or any endorsement by Trader Classifieds of that third party or its site.
• These terms and conditions shall be governed by the laws of the state of Victoria. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

Disclaimer:

• Trader Classifieds makes no representations about the content and suitability for any purpose of the information contained in the Site.
• Content and information contained in the Site is provided "as is" without an express or implied warranty of any kind. Trader Classifieds disclaims (to the full extent allowable by law) all warranties with regard to this information (including any advertisements), including all implied warranties as to merchantability or fitness for use.
• Trader Classifieds shall not be liable for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort or statute arising out of or in connection with access to the Site or the use or performance of information contained in it.
• Neither Trader Classifieds nor any of its employees, agents or manufacturers or dealers participating in the provision of information to the Site warrant the Site will be uninterrupted or error-free.

Indemnity:

• Trader Classifieds will not be responsible for any actions taken by you if you act in any manner which is inconsistent with the Terms.
• Trader Classifieds will not be liable for any loss or damages (including direct, indirect, consequential, incidental and exemplary):
  • if the Site is unavailable to Users (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities;
  • if there is any deficiency or inaccuracy in the Site attributable to a lack of maintenance of the site;
  • in relation to a notice or advertisement not appearing according to instructions; or
  • in relation to the supply of services on or in relation to this Site.

• By accessing the Site Users agree to indemnify and hold harmless Trader Classifieds, its employees and agents from and against all actions, proceedings, suits, claims and demands brought or made against Trader Classifieds by any person arising from or as a consequence of such an action and from and against any damage, loss, cost or expense suffered or incurred by Trader Classifieds as a direct or indirect consequence of that action.
• Users shall indemnify Trader Classifieds in relation to defamation, liable, slander of title, infringement of copyright, infringement of trademarks or names of publication titles, unfair competition, breach of Trade Practices or Fair Trading legislation, breach of motor dealer legislation, violations of rights of privacy, confidential information, licenses, loyalty rights or other intellectual property rights.