Verified Holsteins Online Terms & Conditions

 

1. User agreement terms

This User Agreement binds all Users who accept the User Agreement terms by accessing the Verified Holsteins Online website.

1.1 When you Access Verified Holsteins Online, you are deemed to have accepted and will be bound by the User Agreement terms, as amended by Holstein Australia from time to time.

1.2  Verified Holsteins Online is a digital online platform that allows Users to offer, sell and buy Livestock and other genetic material. The Contract of Sale is made directly between the Vendor and Purchaser. Verified Holsteins Online does not buy, sell, or market any lot listed for sale and is not party to the sale process of any lot or any Contract of Sale.

1.3  The vendor may in its sole discretion mandate the use of its vendor terms and conditions or specify any special conditions or restrictions to the sale of a listing.

1.4 Holstein Australia is not liable to the purchaser or vendor for any loss arising in connection with transactions in relation to animals listed on Verified Holsteins Online. Once a vendor agrees to an animal or animals being listed on Verified Holsteins Online the vendor is liable to pay the listing fee as advertised at the time. Verified Holsteins Online may at its discretion decide to suspend or terminate relevant user’s or users’ access.

2. Users and registration

2.1 A user who wishes to participate on Verified Holsteins Online must be financial member of Holstein Australia and comply with any applicable terms and conditions of membership specified by Holstein Australia from time to time.

2.2 Holstein Australia may accept or reject an application in its absolute discretion or impose such conditions as it sees fit from time to time.

2.3 A registered user shall quote his member ID as required in relation to all listings through Verified Holsteins Online.

2.4 By accessing and using Verified Holsteins Online, a user agrees that the user will not:

(a) inappropriately post, upload or interfere with content or items in connection with any lot;

(b) infringe any laws, agreements, third party rights or Holstein Australia policies;

(c) use Verified Holsteins Online if the user is not able to form legally binding contracts, is under the age of 18 (except where there is written consent provided from a parent or guardian), is suspended from using Verified Holsteins Online or has had user rights terminated;

 (d) manipulate or game any auction, sale process or the price of any lot, or interfere with other user listings or any data or categories on Verified Holsteins Online;

(e) post false, inaccurate, misleading, defamatory, libellous, unlawful or offensive content (including personal information);

(f) distribute or post spam or unsolicited or bulk electronic communications;

(g) distribute viruses or any other technologies that may harm Verified Holsteins Online or the interests or property of Verified Holsteins Online;

(h) copy, modify or distribute content from Verified Holsteins Online, or Holstein Australia’s copyrights and trademarks;

(i) harvest or otherwise collect information about users, including email addresses, without their consent;

(j) engage in screen-scraping activities or use any robot or spider or other automated means to access Verified Holsteins Online for any purpose;

 (j) hack or do anything to undermine the reputation, integrity, operation or functionality of Verified Holsteins Online, including anything that may undermine any feedback or ratings systems maintained by Holstein Australia.

3. Notice of change in particulars

A registered user shall give immediate notice in writing to Holstein Australia of any change in the particulars supplied in relation to registration.

4. Fees for use

4.1 Holstein Australia shall specify on Verified Holsteins Online the listing fee applicable to the services provided in connection with the listings service provided. Holstein Australia can change the listing fees at any time by publication on Verified Holsteins Online.

4.2 A registered user shall pay to Holstein Australia the relevant listing fee specified for the Verified Holsteins Online service provided within seven (7) days of receipt of an invoice from Holstein Australia.

4.3 Where a registered user fails to pay the listing fees in full by the due date, Holstein Australia  is entitled to charge interest on the unpaid balance of the fees according to Holstein Australia’s Credit policy.

5. Intellectual property rights

5.1 Each User acknowledges:

(a) that the Intellectual Property in Verified Holsteins Online vests in Holstein Australia;

(b) that the Intellectual Property in any material uploaded onto Verified Holsteins Online becomes the property of Holstein Australia; and

(c) the results of the sale of any lot may be provided to third parties and may subsequently be published.

5.2 Each user warrants that any material, including that contained in any listing, will not infringe any third party Intellectual Property and that it has the necessary rights to grant the rights to Holstein Australia.

5.3 Each User agrees to the terms of Holstein Australia’s Privacy Policy and acknowledges that Holstein Australia will handle personal information in accordance with the Privacy Policy.

6. Disclaimer and disputes

6.1 Holstein Australia has no control over and does not make any representation in relation to, nor guarantee nor accept any liability for:

(a) the existence, quality, condition, safety or legality of any lot advertised;

(b) the truth, completeness, or accuracy of any content, data, specifications or listing, or the content referable to any vendor, purchaser, assessor, agent, or any other person;

(c) the capacity of a vendor to sell any lot;

(d) the capacity of a purchaser to pay for any lot;

(e) that a vendor or purchaser will complete a transaction of whatever nature;

(f) the completeness, truth or accuracy of any content or information on Verified Holsteins Online or any derivative work whether provided by Holstein Australia, any vendor, assessor, purchaser or any other person.

6.2 The information and data on or referable through Verified Holsteins Online is not, and is not intended to constitute advice or the making of any recommendation or representation of whatever nature. No user should act or omit to act on the basis of any of the information and data on or referable through Verified Holsteins Online without first satisfying themselves as to the completeness, truth or accuracy of any such information and data. Each user should seek independent technical, expert and legal advice.

6.3 Without prejudice to any other provision of this User Agreement or applicable sale terms, Holstein Australia has no liability for any Loss incurred by any user or any other person as a result of reliance by a user or any other person on the information and data contained on or referable through Verified Holsteins Online, or in relation to any derivative work derived from such.

6.4 Each User is responsible for taking its own precautions to ensure that the process that each employs for accessing and using Verified Holsteins Online does not expose the User or any other person to the risk of viruses, malicious computer code, or other forms of interference which may damage any user computer or communications systems or networks. For the avoidance of doubt, Verified Holsteins Online does not accept responsibility to any user or any third party for any viral attacks, hacking, interference or damage to any user computer or communications systems or networks which arises in connection with any use of Verified Holsteins Online or any linked website, including, but not limited to any delays or disruptions in the use or operation of Verified Holsteins Online, any misdescriptions or errors on Verified Holsteins Online, or any bugs, viruses or other malware received due to accessing Verified Holsteins Online, or the loss, deletion, impairment, corruption, misfiling or miscategorisation of any information, content or data.

6.5 Each User accepts sole liability for their acts, errors and omissions and the legality of any information, content or data which a user uploads or references directly or indirectly on or through Verified Holsteins Online.

6.6 When a Purchaser buys a lot from a vendor, each enters into a contract of sale with each other and a legally binding contract is made. Each user must ensure that it complies with its obligations to that other user and is aware of any laws relevant to that user as a vendor, purchaser, agent, or other user as applicable. If another user breaches any obligation to a user, it is that user, and not Verified Holsteins Online or Holstein Australia, which is responsible for enforcing any rights that user may have.

6.7 Each User, and not Verified Holsteins Online, is responsible for ensuring that its listing, marketing, content, data, selling and any other activities conducted on Verified Holsteins Online are lawful. Verified Holsteins Online does not police the activities of any user. Each user must ensure that it complies with all applicable laws in Australia and other countries as applicable. Each user must also ensure that it strictly complies with these user agreement terms, any applicable sale terms and any other policies as notified by Holstein Australia from time to time.

6.8 Verified Holsteins Online is not liable to any vendor, purchaser, agent, assessor or any other person for payment in respect of any lot sold through Verified Holsteins Online or by a negotiated sale.

6.9 Without prejudice to any other provision of this user agreement or sale terms, the purchaser shall indemnify Holstein Australia on demand against all claims for payment in respect of any lot sold through Verified Holsteins Online or by a negotiated sale and each vendor (and any interested person through the vendor) shall release Holstein Australia from all such claims.

6.10 Holstein Australia is not liable for any loss or any other indirect loss or economic loss (including pure economic loss) of whatever nature incurred by any user or to any third party in connection with Verified Holsteins Online, its use or any information, content or data on, referenced or available through it.

6.11 If any user has a dispute with one or more users, each user releases Holstein Australia  employees from all claims, demands, loss, direct loss and economic loss (including pure economic loss) of whatever nature, costs and expenses arising out of or in any way connected with such disputes.

6.12 Each ser shall indemnify Holstein Australia on demand against all loss, any direct and economic loss (including pure economic loss) of whatever nature, and any other claims, costs and expenses incurred or made against Holstein Australia by any person in connection with the existence or their use of Verified Holsteins Online.

7. Malfunction of Verified Holsteins Online

Holstein Australia does not guarantee continuous or uninterrupted service of, or secure access to, Verified Holsteins Online. The operation of Verified Holsteins Online may be interfered with by numerous factors outside of Holstein Australia’s control. Holstein Australia is not liable to any person for any loss, or any direct or economic loss (including pure economic loss) of whatever nature due to any malfunction, corruption, interruption, security breach or break down of Verified Holsteins Online (including any communications network), the act, error, omission, fault or negligence of Holstein Australia or any user or third party, or any non-receipt, non-transmission or loss of data by Verified Holsteins Online.

8. Sale Terms

Confirmation and lots

8.1 Only a full financial member of Holstein Australia may submit a lot for sale.

8.2 A vendor submitting a lot for sale may agree to sole agency with his agent.

8.3 By listing a Lot on Verified Holsteins Online, the vendor confirms and warrants that it is the beneficial owner of the lot free of all mortgages, charges, liens, encumbrances and adverse interests and they are entitled and competent to sell, deliver and transfer unencumbered title to the lot in accordance with the User Agreement and Sale Terms. This warranty may not be qualified by any applicable vendor terms and conditions.

8.4 Any lot listed must comply with any listing requirements specified by Holstein Australia from time to time. Holstein Australia may delist any lot which in its discretion does not comply with any such requirements.

8.5 Any lot comprising livestock must be tagged and all lots must otherwise comply with all applicable laws, State or Territory legislation, regulations, codes and standards.

8.6 All users must comply with State or National Regulations with regard to livestock traceability, including the transferring of stock to a new PIC.

9. Pricing

9.1 The price for each lot will be determined between the vendor and the buyer and or their agent. Verified Holsteins Online nor Holstein Australia will not suggest, recommend or determine the value or sale option of any lot.

9.2 The vendor or vendor’s agent must nominate the sale option or options upon which the vendor offers the lot for sale.

9.3 Pricing, as nominated on behalf of a vendor, for sales conducted through Verified Holsteins Online or through negotiated sales can be on per-head-basis, where the price is in dollars and cents per head for all livestock in the Lot.