Terms and Conditions for Listing and Viewing Advertisements on www.whatsinyourpaddock.com.au

1) Definitions:
a) www.whatsinyourpaddock.com.au hereinafter will be referred to as the ‘website’
b) The website itself is not engaged in the selling of any items listed and is merely the facilitator of a marketplace for sellers and buyers.
c) Users of the service in various parts are referred to but not limited to as an advertiser and/or seller or buyer.

2) Use of the Website:
a) All users with no exceptions who make use of the website agree to do so lawfully and responsibly and in so doing will not attempt to have published any material either written or visual that is considered in any way but not limited to be blasphemous, defamatory, harassing, invasion of another’s privacy, obscene, pornographic or racist.
b) All users with no exceptions who make use of the website agree to do so lawfully and responsibly and in so doing will not attempt to intentionally or unintentionally disrupt or damage the hardware or software of the website or those of its other users by creating or sending damaging data in the form of viruses, worms, trojan horses or any other sort of such materials.
c) All users with no exceptions who make use of this website agree to do so lawfully and responsibly and in doing so will not attempt to intentionally or unintentionally defraud, deceive or commit any other unlawful act against a buyer, seller or any other user of the site in any way whatsoever. 

3) Live Appearance and Termination of Listings:
a) The website will at its sole discretion and without consultation decide whether an advertisement submitted by an advertiser and/or seller will be listed and then continue to be listed at any time after the initial listing takes place.
b) The advertiser’s and/or seller’s initial listings will not appear until verification of content of the listing and payment of specified advertising fee for each item listed is confirmed.
d) The advertiser’s and/or seller’s edited listings will not appear until verification of the content of the edited listing is confirmed.
e) The website will terminate all listings notified by advertisers and/or sellers as having been sold, free of any pro rata refund 
f) The advertiser and/or seller may at any time delete its listed advertisement or advise the website in writing by way of e-mail to do so on its behalf. Instructions other than in writing will not be acted upon.

4) Content of Listings:
a) Each advertisement submitted for listing must be for a single item only.
b) All advertisements submitted for listing on the website must be legal and an honest representation of the items offered for sale.
c) The website does not warrant the accuracy of the description of the items offered for sale as provided by the advertiser and/or seller.
d) All advertisements submitted for listing must fit into one of the nine item categories and one time period as specified on the website.
e) All advertisements for vehicles and items that are/were eligible to be registered, must list a current registration number or if unregistered, an engine number, chassis number or VIN (Vehicle Identification Number) in the description of the listing.
f) Licensed motor car dealers must provide an LMCT registration number
g) The website reserves the right to edit and make minor amendments to an advertisement at any time without the advertiser’s consent to facilitate its listing on the website

5) Ownership of Items Listed:
a) By submitting the advertisement with the website for listing, the advertiser and/or seller confirms that it has legal clear title to the items being offered for sale.
b) The website does not warrant clear title on behalf of the advertiser and/or seller to offer and make an item available for sale.
c) The onus is on the purchaser to ensure that the advertiser and/or seller is the legal owner and has clear title over the item being offered for sale.

6) Condition of Items Listed:
a) The website does not warrant the items offered for sale in any respect whatsoever. The onus is on the purchaser to verify all details and other matters in respect of the items being offered for sale.

7) Payment by Purchaser for Items Listed:
a) The website does not warrant payment for any items sold via listings on the website. The onus is on the advertiser and/or seller and the purchaser to satisfactorily complete the transaction to the point of payment and change of ownership and possession of the items listed for sale.
b) The onus is on the Purchaser to satisfy himself that the seller is a bona fide seller of the advertised item and should conduct all their own necessary due dilligence to confirm that the transaction is not a lure to participate in a scam such as an Advance Fee Scam.
c) Any suspected irregular activity must be reported to the website immediately at info@whatsinyourpaddock.com.au/contact    

8) Refunds:
a) Refunds will be made only to those advertisers and/or sellers whose submitted listings do not comply with the listing criteria for the website. The website will at its sole discretion decide whether an advertisement submitted by an advertiser and/or seller will be listed.
b) Pro rata refunds for time not yet expired on any listing will not be considered under any circumstances
c) Refunds will be processed electronically via EFT only. A minimum of ten working days should be allowed for a refund transaction to be processed by the website.

9) Affiliate Programme 

a)       a) The affiliate programme reward will only be paid on listings for items 0 and more in sale value where the maximum listing fee of AUD (incl GST) is levied and is not applicable at all wherever free advertising is offered.

b)        b)To qualify to earn the reward, it is mandatory that each listing meets all the criteria as specified by the website in it’s terms of use.   

c)        c) Payment by cheque in Australian dollars only will be made out in favor of the registered user’s name within five working days of the website receiving payment for the advertisement created with a valid unique affiliate number supplied by the website as the ‘Offer Code’.

d)        d) Payment of the affiliate programme reward will be mailed only to the corresponding address of the registered user that in turn corresponds with the registered user’s unique affiliate number supplied by the website.   

e)        e) A registered user’s unique affiliate number will only be available to the specified registered user at the user’s registered valid e-mail address    

f)          f) A new unique affiliate number can not be issued to an existing user to who a unique affiliate number has already been allocated. In order to get a new unique affiliate number, a new user ID will need to be created using the ‘Sign-up’ tool on the www.whatsinyourpaddock.com.au website    

g)        g)  The reward will only be paid on listings where a user has entered a valid unique affiliate number in the text box titled ‘Offer Code’ at the time of creating the ad. For protection of your reward payment, we will not accept this number after the ad has been listed and made active

h)      h) Registered users wanting to list items on behalf of other parties must obtain written consent from the legal owner of the items to list the items on their behalf, together with any conditions associated with placement of the listing and completion of a sale resulting from the listing.       

i)         i) The conditions of participating in the affiliate programme may be subject to change from time to time
j) The affiliate programme can be ended at any time at the discretion of the website by giving registered users 30 days notice of the intention to do so.

10) Personal Information provided by Advertisers:
a) All advertisers and/or sellers agree to provide personal information that is current, complete and accurate. Incomplete information may result in the advertisement being declined for listing on the website.
b) The advertiser and/or seller’s personal contact information and location where listed items can be viewed will be published as an integral part of the listing on the website.
c) The website does not warrant that personal information provided will not be used for purposes other than contacting the seller in respect of items being offered for sale on the website, by others who access the listing on the website.
d) Unless required to do so by law, personal information provided by advertisers will only be used as specified by the website.

11) Assignment
a) The website reserves it rights to assign any or all of its rights and obligations under these terms and conditions to another party and there is no limitation and can be transferred at will.
b) The rights of users of the website under these terms and conditions are individual between the user and the website and cannot be assigned or transferred.

12) General:
a) All images used by www.whatsinyourpaddock.com.au in the presentation of its own website pages are for illustration purposes only and may not be copied and used by anyone else in any manner whatsoever without written consent from the website for each such intended use.
b) Operation of this website is governed by the laws in the State of Victoria, Australia.
c)The website strives to keep the information content it provides accurate and current. The website does not warrant the accuracy or currency of the information content of the website and will not be held liable for errors or omissions that may occur from time to time. Users of the website are advised to satisfy themselves in respect of all aspects of information provided by and on the website.
d)The website is hosted by reputable and reliable service providers who may need to carry out maintenance on their servers from time-to-time. The website cannot absolutely guarantee that there will always be continuous online access to the website and will endeavor to keep any disruptions due to maintenance and unforeseen factors to a minimum.
e)The website will endeavor to provide users with a functional service environment but does not warrant in any way whatsoever its ability to provide an environment that is completely free of viruses or any other such matter that can result in damage to user hardware or software. It is the ultimate responsibility of all users of the website to ensure their own safety from such matter all of the time.
f) Should any aspect of these conditions be deemed to be unlawful, void or unenforceable then that that aspect will be considered deleted and such deletion will not materially affect the validity and enforceability of the remaining provisions.
g) No failure by the website to exercise any of its rights under these terms and conditions shall operate as a waiver of the website’s rights.
h) The website reserves the right to change these terms and conditions as needs arise and the onus is on users of the website to familiarize themselves with any changes.
i)Any users who do not agree with these terms and conditions in their entirety must not make use of the website in any form whatsoever.

If you need any additional information, please contact us at: info@whatsinyourpaddock.com.au