Terms & Conditions

Terms of Use

As at 1 July 2019

Please read these terms of use ("Terms") and our Privacy Policy as they contain important legal terms that govern your access and use of the www.theherdonline.com.au and www.herdonline.com.au website and related products, services, websites, mobile sites and apps (collectively called our "Website").

Quick Points about using The Herd Online website and related products:

  • If I advertise on The Herd and I am successfully connected with a buyer and sell my advertised livestock from an enquiry generated from The Herd, I will agree to pay the nominated selling fee’s as outlined on The Herd website.

  • I understand that I could have my account closed temporarily or permanently if I use the system in a disadvantageous manner. An example of this could include connecting with buyers and selling livestock via The Herd platform and not accepting the associated fee or nominating the listing as sold from The Herd platform. A user may do this to avoid paying selling fee’s. These actions could also jeopardise access to The Herd for other members of your office/agency.

  • If the above actions do take place, a user may have their account suspended and agree to pay a $500 plus GST replacement fee and potentially the value of the listing fee initially questioned.

  • The Herd management work hard to provide an updated central platform for both buyers and sellers. Please respect this!

  • If a seller receives an offer which they accept and the buyer does not honor the agreement through no fault of their own, The Herd will re-list the livestock for free and assist with the marketing to reach a successful outcome. The Herd management will also follow up with the buyer and could restrict their access in the future. If there was an issue with the stock or they did not meet or correspond with the advertised description, etc. The Herd will not provide FOC advertising.

  • We will monitor all of our users and listings whilst using The Herd systems.

  • If you do not agree with the above or below Terms then you should not use our Website.

We may change these Terms at any time by publishing the new Terms at www.theherdonline.com.au. Your continued use of our Website constitutes your acceptance of those updated Terms.

Changes to our Website

We are always looking for ways to improve our Website so we may add or remove functionality or features or we may suspend or cease our Website at any time without notice. You are free to stop using our Website whenever you like.

Restrictions on your use of our Website

You must not:

  • display, distribute, license, perform, publish, reproduce, duplicate, copy, modify, sell, exploit, reverse-engineer, frame, rent or transfer any part of or access to our Website;

  • use any device, software or other means to interfere with the proper operation of our Website;

  • use any data mining, robots, scraping, indexing or similar data gathering or collection software tools or methods in connection with our Website (or permit anyone else to do the same); or

  • transmit spam, junk mail or other messaging (whether commercial in nature or not), computer viruses, worms, defects, harmful code or anything else of a destructive nature in connection with our Website.

Intellectual property rights

You acknowledge and agree that our Website may contain content, features, information or technology that are protected by intellectual property laws including copyright, patent, trade marks and database rights. All such rights are owned (or licensed) to us and nothing in these Terms transfers any of those rights to you.

Warranties, disclaimer and liability

We pride ourselves on our quality of service but there are certain things that we can’t legally guarantee. We do not make any specific promises about our Website including its content or specific functions or its reliability, availability or ability to meet your needs. Our Website is provided “as is” and your use of our Website is at your sole risk.

You may have certain rights under Australian law that these Terms cannot exclude, restrict or modify. We exclude all warranties apart from those that cannot be excluded. To the fullest extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted at our option to: the re-supply of services or payment of the cost of re-supplying the service; or the replacement or repair of goods or payment of the cost of replacement or repair.

You acknowledge and agree that we are not responsible or liable in any way for any content or material of advertisers or other third parties which you may have access to through the Website. We make no warranty as to the accuracy or reliability of the information contained on any website operated by an Advertiser or other third party and we disclaim all liability and responsibility for any direct or indirect loss or damage which you may suffer by relying on anything contained or omitted from such websites.

You indemnify us and our officers, directors, employees and agents from and against all losses, damages, expenses (including legal fees), claims and liabilities of any kind arising out of or in connection with your violation of these Terms.

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING LOSS OR DAMAGE TO YOUR: REVENUE, GOODWILL, PROFIT, CUSTOMERS, OPPORTUNITY, REPUTATION, CAPITAL OR DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, AND TO THE FULLEST EXTEXT PERMITTED BY LAW, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER IS LIMITED TO $100.

Governing law and courts

The laws of the State of Queensland, Australia govern these Terms and for any disputes or claims you agree to submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.

General

These Terms constitute the entire agreement between you and us relating to your use of our Website. If you fail to comply with these Terms, and we don’t take action right away, that doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular part of these Terms is not enforceable, this will not affect any other part.

Contact us

If you have any questions about these Terms, or your dealings with us, please email admin@theherdonline.com.au

The Herd Online, a division of Calvett Co Pty Ltd

336 Sandgate Rd Albion QLD 4010

Display Advertising Space Terms

As at 1 July 2019

If you purchase ad space on www.theherdonline.com.au website and related products, services, websites, mobile sites and apps (collectively called our “Website”) for your own use or a related party’s use, or you are an agency purchasing ad space on the Website, these Ad Space Terms (“Terms”) apply. By purchasing any of our ad space you agree to be bound by these Terms as well as our Terms of Use and Privacy Policy.

We may change these Terms at any time by publishing the new Terms at www.theherdonline.com.au but any updated terms will only apply to your future ad space purchases.

Authorisation

By seeking to place ads on our Website (including the content, associated text and images) (“Ads”), you hereby grant us the lawful right to upload them to our Website. If we believe your Ads or insertion instructions do not comply with these Terms, our other policies or procedures, or the law, we may not publish/display them or suspend them without notice to you.

Your promises to us

As a condition of purchasing ad space and seeking to publish Ads using our Website, you warrant and represent to us that:

  • you hold all licences, accreditations and authorities that are required by law for you to place the Ads our Website;

  • you have the authority and/or permission of all relevant persons to use and upload the Ads to our Website and our publication of those Ads will not infringe the intellectual property or moral rights of any person or entity;

  • your Ads are not in breach of the law – for example, Australian Consumer Law (we do not check your Ads for errors or omissions);

  • you will not use our Website for any fraudulent, unlawful or prohibited purpose;

  • you are placing the Ads and using the Website in good faith; and

  • you will not interfere with any other ads on our Website.

Restrictions on use

You must not, and must not permit or direct any third party to:

  • do anything which breaches or may breach these Terms, the Terms of Use and the Privacy Policy;

  • circumvent or modify any security mechanisms employed by us or our Website;

  • reverse engineer, decompile, or disassemble our Website (other than as permitted by non-excludable copyright law);

  • imply any affiliation or endorsement of you or any organisation by us or our Website;

  • use our Website to store or transmit infringing, libelous, defamatory or otherwise unlawful or tortious material;

  • use our Website to store or transmit any viruses, trojan horses, back-doors or similar types of code designed to disrupt or interrupt any computer system or service;

  • interfere with or disrupt the integrity or performance of our Website, or any other person’s use of our Website;

  • attempt to gain unauthorised access to, interfere with, or disrupt, any systems or networks, or any part of them, used by or in relation to our Website;

  • send or make unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through our Website without their consent;

  • use any automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of our Website;

  • use our Website to pretend that you are or represent someone else, or impersonate any other person; or

  • use our Website for any illegal or unauthorised purpose.

Website changes

We are always looking for ways to improve our Website so we may add, remove or change functionality or features (including the ad space locations, functionality and appearance) but we will notify you of any such changes as soon as possible.

Fees and rates for your Ads

If you are an agent or representative of an advertiser (“agency”), you and the entity you represent to place Ads on our Website, are jointly and severally liable to pay our fees. The fees and our payment terms are set out in the Rate Card or you will be verbally informed, at the time you purchase the relevant ad space, which you acknowledge that you have received and agree to. You acknowledge the ad space dimensions and share of voice specifics are approximates only and we are not liable if your Ads do not receive the exact share of voice or exposure you expect.

Fees that you pay for Ads are non-refundable. You may change your Ads (at your cost) up to the publishing closing date. If you want to cancel your Ads, you are still liable to pay our fees. Without materials or instructions we may repeat your then current Ad of the same size. If your payment is late, we may terminate our agreement with you, cease displaying your Ads without notice to you, and/or claim interest on late payment according to law.

Termination

These Terms commence when you purchase ad space and continue for so long as your Ads are on our Website. Without prejudice to any other rights, we may suspend or terminate your rights under these Terms without notice and without any liability to you if we suspect you have breached any of these Terms. If we terminate these Terms, we will not publish your Ads thereafter. We are not responsible for any damage, liabilities, losses (including without limitation any loss of data, profits, revenue, business or loss of opportunity) or any other consequences that you may suffer or incur as a result of such suspension or termination.

Important disclaimers

Your access and use of our Website and the placement of your Ads may be interrupted from time to time for a range of reasons including without limitation maintenance, the malfunction of equipment, repair or updating, capacity constraints, your location, and circumstances beyond our control such as acts of third party telecommunications service suppliers. We are not liable for any damage, liabilities, losses (including without limitation any loss of profits, revenue, business or loss of opportunity) or any other consequences that you may suffer or incur as a result of any such interruptions.

Prior to purchasing Ad space, we may have provided you with actual or predicted information about the Website relating to, for example, visitation, functionality, unique browsers or other usage information. You should carry out your own investigations and analysis to verify that information, and should not rely on any of that material as a statement or representation of fact. Except as required by law, we do not accept any liability for any errors, misstatements, misrepresentations in or omissions from this information supplied. If any information presented is incorrect, we are not obliged to correct it and make you aware. If the information contains a forward-looking statement, it may be wrong. Any liability for such statement is expressly disclaimed by us. You must make your own investigations and enquiries regarding assumptions, variables, contingencies, risks and other factors.

Subject to the Non-Excludable Rights set out in the section below titled “Limitation of Liability”, we do not warrant that our Website, your Ads or the ad space will function at all times correctly, be operational and/or free of interruption, delays or faults and you will not be entitled to any compensation of any kind as a result of any such unavailability, interruption, delay or fault.

Limitation of Liability

Except where we are not permitted to do so by law, including the Australian Competition and Consumer Act 2010 (Commonwealth) and the Australian Consumer Laws set out in Schedule 2 to this legislation (“Non-Excludable Rights”), we provide our Website to you “as is”, and we do not warrant uninterrupted use or operation of our Website, or that any data sent to you will be transmitted in uncorrupted form or within a reasonable amount of time. Except for any Non-Excludable Rights, we disclaim all representations, warranties and conditions of any kind, whether express, implied or written, oral, contractual or statutory, including, but not limited to, any warranties, duties or conditions of or related to merchantability, fitness for a particular purpose, title, non-infringement, or arising from a course of dealing or usage of trade.

Except for liability in relation to breach of any Non-Excludable Rights and liability referred to in the next paragraph, our maximum aggregate liability to you in contract, including for one or more breaches of any express term or terms of these Terms, tort (including negligence), statute or otherwise, is limited to that amount which is equal to the total amount paid by you to us in connection with our Website. For liability in relation to breach of any Non-Excludable Rights, to the extent permitted by applicable law, our liability is limited, at our option, to the cost of repairing or replacing any defective goods, or supplying again or paying the cost of having supplied again any defective services.

Except for Non-Excludable Rights, in no event will we be liable for any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, loss of confidential or other information, personal injury, loss of privacy, corruption or loss of data, failures to transmit or receive data or any other pecuniary loss whatsoever arising out of or in any way related to the use of or inability to use our Website or otherwise in connection with any provision of these Terms, even if we have been advised of the possibility of such damages.

Third party claims

You agree to indemnify, defend and hold harmless us, our respective officers, directors, employees, suppliers, subcontractors and agents from any loss, liability, claim, demand, damage, or expenses (including reasonable legal fees) asserted by any third party due to or arising from or in connection with your use of our Website and the publication of Ads by us at your direction.

Governing law and courts

The laws of the State of Queensland, Australia govern these Terms and for any disputes or claims you agree to submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.

General

These Terms constitute the entire agreement between you and us relating to your use of our Website. If you fail to comply with these Terms, and we don’t take action right away, that doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular part of these Terms is not enforceable, this will not affect any other part.

Contact us

If you have any questions about these Terms, or your dealings with us, please email admin@theherdonline.com.au

The Herd Online, a division of Calvett Co Pty Ltd

336 Sandgate Rd Albion QLD 4010