SITE TERMS OF USE, FIND MY EQUIPMENT


1.    Acknowledgment & Acceptance of Site Agreement


1.1    These terms and conditions govern your use of our website www.findmyequipment.com.au  (“Site”), by using our Site you accept these Site Terms of Use and the Privacy Policy (“collectively the “Site Agreement”). If you do not agree with any part of these terms and conditions, do not use our Site.

1.2    If we offer any goods or services, those goods and services are subject to additional terms and conditions. If you are an advertiser you will need to agree and enter into terms for the Find My Equipment Service (“FMES”), either the Dealer Terms and Conditions or the Advertiser Terms and Conditions, depending on your business needs. To the extent of any inconsistency between this Site Agreement and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.

1.3    We reserve the right to modify and amend the terms and conditions at any time. Once any modified or amended terms and conditions are displayed on our Site you will be bound by them. We urge you to regularly check all the terms and conditions displayed on our Site to ensure you are aware of any such changes. Your continued use of the FMES or access to the Site following the posting and notification of changes will indicate your acceptance and agreement of the changes. If you do not agree with or accept the modified Site Agreement, you must refrain from using the FMES and Site.

1.4    References in the Site Agreement to:

“Australian Consumer Law” means the Australian Consumer Law pursuant to the Competition and Consumer Act 2010 (Cth);

(b) “buyer” or “potential buyer” are references to individuals, businesses or companies who may enquire, deal with advertisers, or pursue a sales contract directly with a dealer or advertiser, in relation to equipment advertised by third parties;

“Material” refers to content supplied by us or third parties, published or made available on the Site, advertisements, product and service offers, vehicle data, software and links and other content supplied by us and third parties;

(d) “Site” refers to www.findmyequipment.com.au;

“you”, “yours” and “yourself” are references to you as an individual and you as an officer, director or representative of any business or company you act for; and

 (d)    "we", "us" and "our" are references to Find My Equipment, Pty Ltd ACN 600 600 066, ABN 78 600 600 066.



2.    Access to the Site

 

2.1    You must take your own precautions to ensure that the processes you employ for accessing this Site does not expose you to the risk of viruses, malicious computer codes or any other form of interference which may cause harm to your computer system. We do not accept any responsibility for any damage or interference to your computer system in connection with any use of this Site.

2.2    This Site is provided for use in Australia. We do not warrant that use outside of Australia is permitted or authorised.

2.3    Whilst we make endeavours to protect data transmissions via this Site, no data transmissions over the Internet can be guaranteed as entirely secure. Any data or information which you transmit or download is done so at your own risk.


 

3.    Use of the Site - Your Responsibility


3.1    We do not represent or provide any warranty for any third parties’ goods, products, services, qualifications, certification, accreditation, training or skills. The goods advertised on this Site are manufactured, produced, distributed, sold, advertised and branded by third parties and we cannot guarantee the quality or the appropriateness of the goods or services advertised. We strongly recommend that you verify that all information in relation to any goods and services advertised by any dealer or advertiser on this Site are accurate.

3.2    We not provide any warranty in relation to any goods or services advertised on the Site by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the advertiser or seller or owned by the advertiser or seller. You are responsible for making all relevant searches, enquiries and investigations in relation to any listed equipment or vehicle including, any written off vehicle register or register of security interests (including the Personal Property Securities Register and any Heavy Vehicle laws or regulations).

3.3    You are responsible for assessing, procuring and entering into any agreements or contracts to purchase any equipment or vehicles advertised. We do no act as brokers or agents or arrange for any sales transactions for any goods or services including equipment or vehicles.

3.4    You acknowledge and accept that any disputes between you and any third parties, including, without limitation, any dealer, seller, owner or advertiser, are to be resolved solely between you and that party. All responsibility, risk, legal liability, expenses, damages and costs, for any dealings with third parties are borne solely by you.

3.5    We do not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any Material published on the Site or on any web site that links from this Site (including third party display advertisements). You are responsible for assessing the accuracy of the Material and rely on it at your own risk.

3.6    The services and Material made available on the Site are provided as general information only. The services and Material are not professional or expert, and are not a substitute for such advice. They may not be appropriate, correct or sufficient for your circumstances, and should not be relied upon, and may not be continually accessible or free from errors or viruses.

3.7    Use of the Site is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use you must not without our prior written approval:


modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
use or attempt to use any Material published on the Site to create any web site or publication or searchable database;

use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the Site or generate or compile any document, index or database based on the Material published on the Site;

transfer or sell any information, functionality or products or services offered on the Site; or

undertake any other action which is in violation of this Site Agreement (or other applicable terms and conditions) or any applicable law or regulation.

3.8    If we consider, in our absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to this Site Agreement or in a manner contrary to our interests, then we may immediately terminate your right to access and use the Site at any time, and we reserve our right to take any action we deem necessary or desirable to prevent any similar acts and access to our Site.


4.    Intellectual Property


4.1    All Material on this Site is owned by us or under licence to us and is protected under the Copyright Act 1958 (Cth) and international copyright law and conventions. All trademarks, copyright and other intellectual property rights inherent, and used in relation to this Site, will continue to be our property or the property of the relevant third party owners (“Intellectual Property Rights”). We reserve the right to protect and enforce our rights to our property to the full extent of the law.

4.2    Use of this Site does not entitle you to any rights or entitlements in relation to the Intellectual Property Rights.

4.3    You may only copy or reproduce the Material on this Site for the purpose of browsing or making a copy for your own personal, private or research use, provided that such use constitutes fair dealing under the Copyright Act 1958 (Cth). You must not alter or modify the Material in any way or remove any legal notice associated with it. Any use of Material outside of this permission will only be legally allowable with prior written consent fom us or the third party owner.

4.4    In consideration of us allowing you to access and use this Site you grant us a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via this Site and to sub-licence the same for such purposes as we determine from time to time (subject to the Privacy Policy). You warrant that: you have all necessary rights in the content that you contribute, the content is not defamatory or offensive, that it does not infringe any law and you indemnify us, our officers, directors, agents, advisors and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty. You waive any moral rights you may have in relation to the material.

4.5    This clause survives expiry or termination of the Site Agreement.

 

5.    Indemnity, Limitation of Liability & Australian Consumer Law

 

5.1    You agree to indemnify us and our directors, employees, agents, advisors and representatives from any claim or demand, including reasonable legal costs, made by any third parties against us due to or arising out of your unlawful use, wilful, negligent or fraudulent acts or omissions and any breach of this Site Agreement by you, or the infringement by you of our or a third party's Intellectual Property Rights.

5.2    We will not be liable for any failure to perform or any delay in performing our obligations under this Site Agreement if that failure or delay is caused or due to anything beyond our reasonable control, including without limitation any natural disaster, unavoidable incident, actions of third parties (including without limitation, government or regulatory authorities, suppliers, software providers, telecommunication providers, or hackers), software or equipment failure, regardless of whether the circumstances in question could have been foreseen.

5.3    For consumers, our goods and services come with non-excludable guarantees under The Australian Consumer Law ("Consumer Guarantees"), including that services will be provided with due care and skill. You are entitled, at your option, to various remedies under The Australian Consumer Law if these guarantees are not complied with, such as the resupply of services and you may also be entitled to compensation. Nothing in this Site Agreement excludes, restricts or modifies any of the Consumer Guarantees.

5.4     We make no warranty that the Site will be uninterrupted or error free. Specifically, we do not warrant that you will have continuous access to the Site, and we will not be liable in the event that the Site is unavailable to you due to computer or device downtime attributable to malfunctions, upgrades, viruses, malicious computer code, preventative or remedial maintenance activities or interruption in telecommunications supply.

5.5 Subject to clause 5.3, we will in no way be liable for any loss or damage, including indirect, incidental, special or consequential damages (such as damage for loss of profits, use or data) or the cost of procurement of substitute goods or services, even if we have been advised of the possibility of such loss or damage, arising or resulting from:
(a) your failure to comply with this Site Agreement;
(b) your use or your inability to use the Site, or
(c) any goods or services purchased or obtained or of any information provided in connection with this Site.

5.6 Where any services are being acquired for personal, domestic or household use or consumption, our liability for breach of any Consumer Guarantee is limited, at our option, to the following:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.

5.7    This clause survives expiry or termination of the Site Agreement.

 


6.    Interpretation & Miscellanous

 

6.1 This Site Agreement is governed by and construed in accordance with the laws of Victoria, Australia.  You agree to submit to the exclusive jurisdiction of the Courts of Victoria (and appeal Courts) in relation to any unresolved disputes.

6.2     If any provision of this Site Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Site Agreements provisions which will continue in full force and effect.

6.3    All rights not expressly granted in these Terms are reserved.
6.4     We shall not be deemed to have waived any of our rights or remedies under this Site Agreement. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies.

6.5.     Subject to 1.2, this Site Agreement constitutes the entire agreement and understanding between you and us and supersedes any and all prior communications, representations, agreements or understandings between you and us with respect to the subject matter of this Site Agreement.

6.6    You hereby authorise us to disclose your data, information and postings, and grant access to your details, to law enforcement and government authorities and agencies in accordance with their lawful requests.

6.7     We may assign or otherwise deal with our rights and subcontract and novate our obligations under this Site Agreement by written notice to you without your prior written consent.



7.    Feedback and Contact

 

If you are dissatisfied with any aspect of this Site, please let us know.
We are committed to improving our Site where possible and view feedback as an opportunity to improve our Site or services. Email: customerservice@findmyequipment.com.au - Via contact form