Terms & Conditions

Collection of Personal Information

1. ONLINE STORE TERMS

1. 1. You must only use this Website in accordance with these Terms and Conditions and any applicable laws. This Website also contains links to other websites owned and operated by third parties who are not under our control or management (“Linked Sites”).
   2. You must not misuse this Website. Accordingly, through your access or use of this Website, you will not:
      • commit or encourage a criminal offence;
      • undertake any fraudulent, abusive or illegal activity;
      • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
      • hack into any aspect of this Website or any Linked Sites;
      • corrupt data;
      • cause annoyance to other users;
      • infringe upon the rights of any other person’s proprietary rights;
      • send any unsolicited advertising or promotional material, commonly referred to as “spam”;
      • attempt to affect the performance or functionality of any computer facilities of or accessed through this Website or any Linked Sites;
      • manipulate, reproduce, distribute, re-transmit any of the material in any material form by any medium of communication;
      • upload or repost any of the material to any other site on the Internet or elsewhere; or
      • “frame” any of the material on this Website with other material on any other website.
   3. The above are unlawful in any jurisdiction and are expressly prohibited by these Terms and Conditions.
   4. Breaching clause 1.2 would constitute a criminal offence. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
   5. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
   6. Access to and use of this Website or your Account is provided on a temporary basis only. We may withdraw, restrict, suspend or amend your access at any time, for any reason, and at our sole discretion, without providing notice or reasons. We are not liable for any costs, losses or damages you may incur as a result of the suspension, modification or termination of your access to this Website or your Account.
   7. We do not warrant, guarantee or make any representation that:
      • this Website, or the server hosting it, will be free from viruses or other harmful components;
      • any software used on this Website or in connection with your Account will operate without interruption or be free from errors; and
      • any defects or errors in this Website or your Account will be corrected.
   8. To the extent permitted by law, we are not liable to you for any:
      • errors or omissions on this Website, your Account or any other Linked Sites;
      • delays, interruptions or discontinuation of services provided via this Website, your Account or Linked Sites; or
      • defamatory, offensive or unlawful conduct of any user of this Website or an Account, whether arising from our negligence, the negligence of our employees, contractors or agents, or any other cause.
   9. You agree to indemnify, defend and hold us harmless (including our directors, officers, employees, consultants, agents and affiliates) against any third-party claims, liabilities, losses, damages or costs (including legal costs on an indemnity basis) arising out of or in connection with your use or misuse of this Website or your Account, or any breach of these Terms and Conditions by you.
   10. You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement with us to access or use this Website or create an Account. If you are under eighteen (18) years of age, you may only access or use this Website or create an Account with the consent of a parent or guardian.
       

 

2. USE OF WEBSITE BY SELLERS

1. 1. LocalAg Transactions
      • LocalAg operates the Website as an online agricultural marketplace that allows Sellers to create Listings for Goods or Services and transact directly with Consumers. LocalAg does not act as agent for either party and is not a party to any Transaction between a Seller and a Consumer.
      • LocalAg does not control or verify the content, accuracy or completeness of any Listing on this Website, nor does it guarantee the quality, condition, shipping, delivery, return or refund of any Goods or Services transacted.
   2. LocalAg Plus Transactions
      • LocalAg Plus operates as an extension of the LocalAg marketplace, offering you extra tools and personalised support to help make a Transaction easier.
      • In such transactions, LocalAg Plus offers additional Goods or Services for an additional fee, either in accordance with these Terms and Conditions, or as notified to you at the time you elect to access the LocalAg Plus extension marketplace.
   3. Related Party Sellers
      • Where a Seller is a related entity or associated business of either LocalAg or LocalAg Plus, this relationship will be disclosed in the relevant Listing. Any related party Seller must comply with these Terms and Conditions as though it were an independent third-party Seller.
   4. Sellers Using this Website
      • Without limiting any other provision of these Terms and Conditions, the following terms apply to Sellers who use this Website operated by LocalAg to list and sell Goods or Services:
        • The Seller represents and warrants that, for Listings involving Goods:
          • they are the sole beneficial owner, with lawful title, free from encumbrance; and
          • they will only create a Listing which includes the full details of the Goods, including but not limited to, a full description of the Goods, images and specifications, pricing information, shipping and delivery information and the Seller’s returns policy; and
          • they will comply with all Australian or State or Territory laws in relation to the sale or transport of Goods for those Listings including any biosecurity legislative obligations surrounding those Goods.
        • If the details or quality of the Goods change, the Seller must promptly update the Listing and notify us and any Buyer.
        • The Seller acknowledges that Consumers have rights under the Australian Consumer Law, including guarantees relating to acceptable quality, fitness for purpose and description. The Seller must not exclude, restrict or limit these guarantees.
        • For Listings involving Services, the Seller represents and warrants that:
          • they hold the skills, qualifications and experience necessary to perform the Services;
          • they are or will be the sole service provider;
          • they comply with applicable workplace health and safety obligations, including insurance requirements; and
          • they will comply with all Australian or State or Territory laws in relation to the sale of Services for those Listings.
        • A Seller will only make a Listing that is in accordance with the Listing requirements included in these Terms and Conditions and any Listing Policy of ours;
        • When the Seller provides the Services to the Consumer, it must ensure that the Services:
          • are of an acceptable standard with require to the nature of the Services as described by the Seller;
          • must be performed with due care and skill in a professional manner; and
          • meet all representations made to the Consumer on the Listing or through a communication exchange.
        • To the maximum extent permitted by law, LocalAg is not responsible for any Transactions between Sellers and Consumers or for any Goods or Services provided by Sellers, and you agree to indemnify us from and against any loss or damage we might suffer for your breach of these Terms and Conditions.
        • Sellers may apply their own terms and conditions to the supply of Goods or Services. LocalAg will not be a party to those terms unless expressly agreed in writing before the Listing is made.
        • Sellers must inform Consumers of their policies regarding cancellations, refunds, returns and repairs. Handling of personal information may also be subject to the Seller’s privacy practices.
        • The Seller’s shipping and delivery policy applies to any Transaction. It is the Seller’s responsibility to make this clear to the Consumer.
        • When an Order is placed, LocalAg will notify the Seller, who must confirm or reject the Order within the timeframe set out in clause 6. Sellers are responsible for maintaining accurate stock levels.
        • Sellers must not dispatch Goods or provide Services until Payment has been received by LocalAg.
        • LocalAg is not liable for any modification, price change, suspension or discontinuance of the Website or any of its features or tools.

 

3. USE OF WEBSITE BY CONSUMERS

1. 1. Without limiting any other provision of these Terms and Conditions, the following additional terms apply to the use and access of this Website by Consumers:
      • Consumers must carefully review any Listing and contact the Seller directly with any questions or concerns before placing an Order or entering into a Transaction.
      • This Website allows Consumers to Order Goods or Services from Sellers. To the maximum extent permitted by law, we are not responsible for the outcome of any Transaction between a Consumer and a Seller and are not responsible for the Goods or Services provided by a Seller.
   2. All product or service information on this Website (including descriptions, specifications, images and pricing) is provided by the Seller. Except as required by law, we do not warrant the accuracy, reliability or completeness of that information. Consumers must make their own enquiries and assess the suitability of the Goods or Services before placing an Order.
   3. Each Listing will include the Seller’s contact details. Consumers acknowledge that a Seller may apply its own terms and conditions to the supply of Goods or Services. Unless expressly agreed in writing before any Listing is made, we are not a party to any, including any separate, agreement between a Seller and a Consumer.
   4. The Seller’s applicable policy on cancellations, refunds, returns and repairs will govern any such matters arising from the Transaction. The Seller is also responsible for managing its own privacy obligations. Consumers should review these policies carefully before purchasing.
   5. The Seller’s policy for shipping and delivery applies to each Transaction. Consumers should confirm the method, timing and cost of delivery before placing an Order.
   6. When a Consumer places an Order for a Seller’s Goods or Services, an email confirmation will be sent to the email address included for the Account or as notified by the Consumer in the Order. LocalAg Group will send the Order to the Seller for confirmation. On occasion a Seller may reject a Consumer’s Order in its discretion. Where a Seller rejects an Order, an email will be sent to the Consumer to the email address included for the Account or as notified by the Consumer in the Order. In that case, LocalAg Group will refund you the Final Payment and associated shipping charges to the credit card, debit card or bank account used by the Consumer when placing the Order less any applicable service charge or administration fee.
   7. To the maximum extent permitted by law, we are not liable to any User for any modification, suspension or discontinuance of this Website or its features or any Linked Sites.

 

4. ACCOUNT

1. 1. To access certain features or functionality of this Website, you must register a user account (Account). When creating an Account, you must provide accurate, complete and up-to-date personal information, including your full name, date of birth, email address and billing address. You must not register or operate more than one (1) Account.
   2. We may, at our sole discretion, accept or reject any application to register an Account.
   3. To place Orders for Goods or Services or to create Listings through this Website, you must be at least 18 years of age and have legal capacity to enter into a binding agreement.
   4. Due to the nature of the Goods and Services listed on this Website, individuals under 18 years of age are not permitted to place Orders or create Listings. We reserve the right to:
      • request that a Seller cancel an Order made by a person who we suspect is under eighteen years of age;
      • remove or delete a Listing made by a person who we suspect is under eighteen years of age; and
      • restrict, suspend or deactivate an Account if we suspect it is being used by someone under 18 years of age.
   5. You agree that you are solely responsible for:
      • all activity carried out using your Account, including any Orders placed or Listings created, whether authorised by you or not;
      • all legal or other consequences that result from the information associated with your Account;
      • maintaining the confidentiality and security of your Account password and information; and
      • managing and securing any stored payment methods linked to your Account.
   6. You must keep your username and password confidential and must not share these details with any other person. You are responsible for any unauthorised access to your Account resulting from your failure to keep these details secure. We are not liable for any unauthorised activity on your Account where we are not at fault.
   7. You must not access or use another person’s Account without their express consent and our written approval.
   8. If you suspect or become aware of any unauthorised access or use of your Account or that your confidential login information has been compromised, please contact us immediately. We recommend that you take immediate steps to secure your compromised Account, which may include changing your password or other login information.

 

5. LISTING TERMS

1. 1. Listings that fall outside the listing rules contained in this clause may be removed from this Website at our discretion.
   2. Each Account holder is solely responsible for all content they submit to this Website and for any consequences arising from a Listing.
   3. We may in our absolute discretion:
      • refuse, remove or modify any Listing or other content which it considers inappropriate or in breach of these Terms and Conditions, the Listing Policy, or our Privacy Policy;
      • restrict or suspend an Account holder’s access to this Website, either temporarily or permanently; and
      • refuse any registration or Account application.
   4. Sellers making a Listing must ensure that:
      • you are genuinely able to supply the Goods or Services listed and that you currently own those Goods or rights to those Services;
      • you are able to transfer legal ownership in the Goods or provide the Services as described;
      • you are physically able to deliver, exchange, or provide the Goods to a Consumer;
      • if you reference a third-party quality assurance or grading certification, it must be accurate, current and verifiable, and include the source of the certification;
      • Goods of differing quality or specifications are listed separately and clearly described;
      • all product and contact details in your Listing are accurate and kept up to date, including stock levels, unit prices, product location, and contact information;
      • Listings must not include multiple or mixed Goods unless the total price is for all Goods and this is clearly stated;
      • the Listing clearly states whether delivery costs, government charges or other statutory costs are included or excluded from the price; and
      • you are solely responsible for the accuracy of all information in the Listing. We do not accept any responsibility for errors, omissions or misstatements.
   5. All Listings may be reviewed by us prior to publication. By using this Website, you acknowledge and agree that:
      • We may refuse to accept Listings for certain types or grades of Goods or Services at our discretion;
      • Listings are provided for general information only and do not constitute advice or recommendations;
      • you should not rely solely on a Listing and must make your own enquiries before entering into a Transaction;
      • a Listing may not be accurate, up-to-date or suitable for your needs or circumstances;
      • a Listing may not be continuously available;
      • Listings may contain links to third-party websites including Linked Sites. These are not reviewed, controlled or endorsed by us and may carry risks such as malware or outdated content. You access third-party links or Linked Sites at your own discretion;
      • you are responsible for carrying out appropriate checks and due diligence before entering into a Transaction, including (but not limited to) searches of relevant registers;
      • We are not responsible for:
        • the terms of any Transaction;
        • the supply, delivery or quality of any Goods or Services; or
        • the resolution of any dispute between the Account holder, Sellers, Consumers or other third parties.
      • any tools or functions on this Website that categorise, filter or sort Listings rely on the accuracy of information provided by the Seller. We make no warranty as to the accuracy of those tools and users rely on them at their own risk; and
      • While Sellers are encouraged to keep Listings accurate, users and Consumers must verify all information directly with the Seller before proceeding with a Transaction.

 

6. ORDER PROCESS

1. 1. An Order will be considered placed by a Consumer when full Payment is made through this Website and the Payment has been received in full by us or a Third-Party Payment Service. If Payment is declined or not received in full for any reason, including suspected fraud, the Order will be cancelled and a refund processed in accordance with clause 6.6.
   2. Once Payment has been received, we will notify the Seller of the Order. The Seller must confirm or reject the Order within three (3) Business Days.
   3. Upon receiving confirmation that the Seller accepts the Order, the Consumer and Seller will have entered into the Transaction.
   4. Where the Payment for an Order has been made by a Consumer:
      • through a Third-Party Payment Service, the release of the Final Payment to the Seller will be in accordance with the Terms and Conditions of the Third-Party Payment Service and we will have no involvement in the release of the Final Payment; or
      • to us directly, we will arrange for the Final Payment to be provided to the Seller once the Order has been confirmed. We will have no further involvement with the Order after the Final Payment has been paid to the Seller and the Transaction has been established.
   5. If the Seller does not confirm the Order within three (3) Business Days, the Order will be deemed cancelled.
   6. If an Order is cancelled in accordance with this clause, we or the Third-Party Payment Service will refund the Final Payment to the Consumer to the same credit card, debit card or bank account used by the Consumer to place the Order or contact the Consumer to arrange the return of the Final Payment. The Consumer is responsible for any third-party processing fees incurred during the refund process as well as any applicable service charge or administration fee.
   7. If an Order is cancelled, we may attempt to notify the Consumer using the contact details provided in their Account or during checkout.

 

7. DELIVERY AND SHIPPING

1. 1. Delivery, shipping and return terms are agreed directly between the Consumer and the Seller. We are not a party to those arrangements.
   2. Consumers are encouraged to:
      • check with a Seller what their delivery, shipping and returns policy is prior to entering into a Transaction;
      • clarify any delivery or shipping costs and whether a third-party carrier is used, and if applicable request a tracking number from that third party carrier;
      • ensure that their delivery address is correct prior to entering into the Transaction;
      • request an estimated delivery date; and
      • promptly notify the Seller of any defects, faults, or issues with Goods or Services received.
   3. Sellers are encouraged to:
      • clearly communicate delivery costs and returns policies in the Listing or upon request;
      • disclose any third-party carriers used for delivery;
      • provide tracking numbers for any Goods shipped using registered or tracked services;
      • advise when the Services will be delivered or performed;
      • specify any return periods or applicable warranties for Goods; and
      • advise Consumers of the terms of any warranty period for the Services.
   4. We do not provide any warranty or accept liability for delivery, shipping or return arrangements between Consumers and Sellers. Any disputes regarding delivery, returns or refunds must be resolved directly between the parties.

 

8. ACCURACY OF BILLING AND ACCOUNT INFORMATION

1. 1. All prices displayed on the Website, including Listings and shipping costs, are in Australian dollars.
   2. You agree to provide accurate, complete and current billing and Account information when placing an Order or updating your Account. You must promptly update your Account details, including email address and payment information, to ensure accurate processing of Orders and communication.

 

9. OUR FEES AND CHARGES

1. 1. Account and Listing Fees
      • We do not charge a fee to create an Account or Listing. Our fees are associated with completed Orders, or any applicable service charge or administration fee connected with any cancelled Order.
      • You agree that if you fail to or refuse to respond to communications from us in relation to any Listing, we can upon 2 business days notice to you, move you from LocalAg (including within Listing categories on LocalAg) to LocalAg Plus. If that occurs, you agree to be liable to pay us for any increase in Order Fee associated with that move.
   2. Order Fees
      • LocalAg and LocalAg Plus charge an Order Fee to Consumers when an Order is placed through the Website. Our Order Fee details for Consumers is available here and will be notified to a Consumer at the time of confirming an Order or prior to making the Payment.
      • LocalAg and LocalAg Plus also charge an Order Fee to Sellers which is retained by LocalAg prior to the Final Payment being provided to the Seller. Our Order Fee details for Sellers is available here and will be notified to Seller at the time of Listing or prior to confirming an Order.
   3. Third-Party Payment Services
      • This Website may offer integrated Third-party Payment Services for processing Payments.
      • Where a Payment is made through a Third-party Payment Services provider, the terms and conditions of that provider will apply to the Transaction. Consumers will be required to accept those terms before completing Payment.
   4. Invoicing
      • Once an Order is confirmed, our tax invoice for our charges will be issued to both the Consumer and the Seller using the email addresses provided at the time of placing the Order.
      • The invoice will itemise the total price of the Goods or Services, detailing any Order Fee (if applicable).
   5. Any tax invoice required for the Listing Goods or Services by the Seller will be the responsibility of the Seller and/or Buyer.

10. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON WEBSITE

1. 1. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
   2. The information, Content, and Listings contained on this Website is general information only. We are not responsible if information made available on this Website is not accurate, complete or current. Accordingly, various aspects of the information and content displayed on the Website, including the displayed of functions, tools or Listings and this Website itself, may have changed or may change in the future.
   3. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the content of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to this Website.

 

11. OPTIONAL TOOLS AND SOFTWARE

1. 1. You acknowledge and agree that we provide access to such Website tools and functions “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
   2. We shall have no liability whatsoever arising from or relating to your use of such Website tools.
   3. Any use by you of optional tools offered through this Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant any third- party providers.
   4. Any software, including HTML code, which is made available to download from this Website (“Software“) is owned or licensed for use by us and/or our Linked Sites.
   5. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“Licence Agreement“). You must agree to the terms of the Licence Agreement before using the Software.
   6. If there is no Licence Agreement, we grant you a personal, non-transferable license to use the Software for viewing and otherwise using the Software in accordance with these Terms and Conditions, and for no other purpose. You must not:
      • copy, reproduce, translate, adapt, vary or modify in whole or in part, the Software;
      • reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software; and
      • introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
   7. sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this clause.

 

12. THIRD-PARTY LINKS

1. 1. In relation to the Linked Sites on this Website, we:
      • provide the Linked Sites to other websites as a convenience to you, and the existence of a link to other websites does not imply any endorsement by us of the content of the Linked Sites; and
      • are not responsible for the material contained on the Linked Sites.
   2. It is your responsibility to review the Linked Sites policies and practices and make sure you understand them before you engage in any Transaction. Complaints, claims, concerns, or questions regarding products or services on Linked Sites should be directed to the third party responsible for the Linked Site.
   3. This website provides links to Linked Sites. These external websites are outside our control. It is your responsibility to make your own decisions about the accuracy, currency, reliability and correctness of information found. Although care is taken to provide links to suitable material, the nature of the internet prevents the guaranteeing of suitability, completeness or accuracy of any material that this Website may be linked to.
   4. We are not endorsing any provider of Linked Sites by facilitating access to information about these Linked Sites from this Website, nor do we accept responsibility for the quality of Goods and Services provided by third parties accessed through this Website.

 

13. PRIVACY AND YOUR INFORMATION

1. 1. Your submission of personal information through this Website, Communication Services, a Listing, by creating an Account is governed by our Privacy Policy. Follow this link to view our Privacy Policy.
   2. Our privacy policy sets out how we will use your information. By using this Website or creating an Account, you consent to the collection, handling and processing of your personal information outlined in our privacy policy and warrant that all information that you provide is accurate and up to date.
   3. We and any people or legal entities authorised by us may gather and process the personal information:
      • which you may provide when accessing this Website or creating an Account, such as your name, address, email address and other personal information about you; and
      • regarding how you use this Website, including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access this Website.
   4. We may authorise others to offer you goods and services using the information that we have collected.
   5. We will comply with the Australian privacy legislation concerning our collection, storage and use of your personal information. Please refer to our full Privacy Policy for details of how we collect, handle, store and use your personal information.
   6. There is no transmission method over the internet or through electronic storage through our engaged providers that are fully secure. We will take reasonable steps to protect your information. Still, we cannot guarantee the absolute security of your personal information. If we are required by law to inform you of any unauthorised access, use, or disclosure of your personal information, we will notify you electronically, in writing or by telephone (if required and permitted to do so by law).
   7. This Website does not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet. Anyone using this Website is encouraged to exercise care in sending personal information via the internet.

 

14. ERRORS, INACCURACIES AND OMISSIONS

1. 1. Occasionally there may be information on this Website that contains typographical errors, inaccuracies or omissions that may relate to a Listing, our tools or product descriptions, our fees and charges, promotions, offers, or any other material displayed on this Website. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on this Website is inaccurate at any time without prior notice.
   2. We undertake no obligation to update, amend or clarify information on this Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Website, should be taken to indicate that all information on this Website has been modified or updated.

 

15. COPYRIGHT AND INTELLECTUAL PROPERTY

1. 1. The Intellectual Property Rights in all Software and content (including photographic images, specifications and design of the Goods or Services) made available to you on or through this Website remains our property or the property of our licensors and are protected by copyright laws and treaties around the world. We reserve all of our rights and the rights of our licensors.
   2. Despite the above restrictions on using the material on the Website, you may download material from the Website for your personal non-commercial use, provided you do not remove any copyright and trademark notices contained on the material.
   3. Some of the products and company names mentioned on this Website may be the trademarks of third-party owners. Nothing displayed on this Website should be construed as granting you any intellectual property rights including the right to use any trademark without the relevant owner’s express written consent.
   4. You are not allowed to use our logo or any brand of trademark (or any marks which are similar in nature) without our prior written consent.
   5. You may not modify or copy:
      • the layout of this Website; or
      • any Software, computer software and code contained on this Website.
   6. We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on this Website is supplied for personal use only and may not be:
      • re-sold or re-distributed in any material form;
      • stored in any storage media; or
      • re-transmitted in any media, without our prior written consent.
   7. You may link to this Website home page, provided you do so in a non-commercial, fair and legal way and do not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that you do not own. This Website must not be framed on any other site, nor can you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
   8. Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and Content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us. You should not rely on the existence of such a connection or affiliation. Where a trademark or brand name is referred to, it is used solely to describe or identify the goods and services. It is in no way an assertion that such goods or services are endorsed by or connected to us. All other trademarks or service marks on this Website are the property of their respective owners. You must obtain our written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other property rights or legal protections and could result in criminal or civil penalties.
   9. In consideration of us allowing you to access and use this Website, you grant to us a non-exclusive, payment free, perpetual, irrevocable, sub-licensable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via this Website for such purposes as we reasonably determines from time to time (subject to our Privacy Policy). You warrant that you have all necessary rights in the Content that you contribute and that the Content does not infringe any law or third-party rights.
   10. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials by Communication Services, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any material that your forward to us through Communication Services.

 

16. COMMUNICATION

1. 1. We may provide Users or Account holders with access to communication functions on the Website, including messaging tools to contact us, Sellers, Consumers, third-party advertisers, Linked Sites or other users of this Website (Communication Services).
   2. Unless expressly stated otherwise, you acknowledge that messages or content shared through the Communication Services may not be private. We may monitor, record, scan or store communications made through the Communication Services for operational, legal or security purposes. However, you should not rely on us to do so.
   3. When using the Communication Services, you must not:
      • post or transmit any false, misleading or deceptive material;
      • post or transmit any material that is defamatory, abusive, obscene, offensive, discriminatory (including on the basis of race, sex or religion), infringing or otherwise unlawful or inappropriate in our reasonable opinion;
      • transmit spam, chain letters, junk mail, surveys, unauthorised promotions or any other unsolicited messaging;
      • use the Communications Services for any unlawful purpose;
      • upload or share Content that infringes another person’s intellectual property rights or privacy rights;;
      • upload files containing viruses, malware, corrupted files or any other software that may harm another user’s device or the Website;
      • delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
      • advertise or promote Goods or Services other than through an approved Listing or with our prior written consent;
      • download files or materials from other users that you know, or reasonably should know, are in breach of these Terms and Conditions;
      • use the Communication Services in a manner that interferes with, disrupts or degrades this Website or the experience of other Users; or
      • encourage, assist or authorise any person to engage in conduct prohibited by this clause.
   4. If we reasonably believe that you have breached clause 3, we may take one or more of the following actions:
      • restrict or limit your access to this Website or your Account, either temporarily or permanently;
      • suspend or terminate your Account;
      • remove, edit or refuse to publish any Content you have posted;
      • notify and share your details with relevant law enforcement or regulatory authorities;
      • suspend or disable your access to the Communication Services; or
      • take any other action we consider necessary or appropriate to protect the integrity of this Website or our users.
   5. We may, but have no obligation to, monitor, moderate or remove content shared via the Communication Services or published on this Website. We may remove any material we determine, in our sole discretion, to be unlawful, offensive, defamatory, harmful, misleading or in breach of another party’s rights or these Terms and Conditions.
   6. You warrant that any comments, content or communications you post or share through this Website or the Communication Services:
      • do not infringe the rights (including intellectual property, privacy or personality rights) of any third party;
      • do not contain unlawful, defamatory, abusive or obscene material; and
      • do not contain any viruses, malware or code that could affect this Website or another User’s systems.
   7. You must not use a false name, impersonate another person, or mislead us or any third party as to the origin of any message or content. You are solely responsible for all material you submit, and we accept no liability for content posted by you or any third party.
   8. Subject to our obligations under the Privacy Policy and applicable law, we are not required to:
      • treat any communication through the Communication Services as confidential;
      • compensate you for any content submitted through the Communication Services; or
      • respond to any communication submitted via the Communication Services.
   9. If you use any functionality of this Website to share content with a third party (for example, emailing a Listing to a friend), you warrant that the recipient has consented to receiving the communication and that you are not breaching any law in providing their contact details to us.

 

17. DISCLAIMER OF WARRANTIES

1. 1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
   2. We do not guarantee, represent or warrant that your use of our service, Website or Communications Services will be uninterrupted, timely, secure or error-free or accurate.
   3. While care has been taken to ensure that information contained on this Website is true and correct at the time of publication, changes in circumstances after the time of publication may impact on the accuracy of this information. We give no warranty or assurance and make no representation as to the accuracy of any information or advice contained on this Website, or that is suitable for your intended use.
   4. You agree that from time to time we may remove this Website, functions on this Website or limit or restrict Accounts for indefinite periods of time or cancel access or use of this Website at any time, without notice to you.
   5. We may make this Website available for others to publish information or Listings without assuming a duty of care to Users or Account holders. We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on this Website, generated through our Communication Services or on Linked Sites on the internet. You should not rely on this information or content in entering (or not entering) into any Transaction. Any prospective Consumer should make their own enquiries and obtain independent advice before entering into a Transaction.
   6. All images, videos, renders, or instructions on this Website are indicative only. They may not be an exact representation of the Goods or Services provided by a Seller. The Goods or Services provided by a Seller may differ to some extent in visual appearance from how they appear and are displayed on this Website.
   7. To the extent permitted by law, we disclaim all liability for any inaccuracy or errors in the information provided on this Website, information generated through use of the Communication Services, supplied to us by third parties on the Linked Sites or included in Listings by Sellers. We are not liable and cannot be held responsible for any loss or damage whatsoever arising out of or connected with the use of or reliance on the information or Content on this Website or in Communication Services.

 

18.AUSTRALIAN CONSUMER LAW & LIMITATION OF LIABILITY

1. 1. We do not provide any guarantees to any Consumers, Users or Account holders in relation to the Goods or Services provided by Sellers.
   2. Where a Good or Service has been provided as part of a Transaction or within a Listing which has a major failure or is not of an acceptable quality and the failure does not amount to a major failure, the Consumer may have rights and remedies available under the Australian Consumer Law against the Seller.
   3. If the Consumer is not satisfied with any Goods or Services Seller by a Seller, the Consumer should immediately contact the Seller and advise them that there is a major failure with the Goods or Services or that they are not of acceptable quality or standard.
   4. If a Seller receives a notice or communication from a Consumer that the Goods or Services supplied to that Consumer are not of acceptable quality or standard or that there is a major failure, the Seller must communicate with the Consumer immediately to resolve the issue including by offering a replacement or refund for a major failure or offering for the Goods or Services to be repaired or replaced in accordance with the Seller’s own terms and conditions and in accordance with the Australian Consumer Law.
   5. The Seller and Consumer acknowledge and agree that any issue, failure, major failure, failure for Goods or Services to be of acceptable quality or standard, or any loss or damage suffered as a result of the Goods or Services Seller by the Seller is not our responsibility and that we have no obligations, responsibility, liability to remedy, repair, replace or refund the Goods or Services provided by the Seller.
   6. To the maximum extent permitted by law, and subject to any rights that cannot be lawfully excluded under the Australian Consumer Law or other applicable legislation, we exclude all liability for loss or damage of any kind, however caused, including but not limited to any loss or damage:
      • arising pursuant to the Terms and Conditions;
      • resulting from or related to your use of this Website, including any delay, error, interruption, failure or security breach;
      • arising out of or in connection with any Listing, whether for a Seller published on this Website;
      • related to or arising from the operation, use or misuse of an Account; or
      • arising from the supply, non-supply or delay in supply of any Goods or Services, including any Transaction, Listing, delivery, non-delivery or performance failure, whether based in contract, tort (including negligence), statute or any other legal basis;

      In all cases, the total aggregate liability of us to any Consumer, Seller, User or Account holder is limited to the amount paid by that person to us for the use of this Website, Account or Transaction giving rise to the claim.

   7. We do not accept liability to a User or Account holder in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of Goods or Services pursuant to these Terms and Conditions.
   8. You expressly agree that your use of, or inability to use, this Website or Account is at your sole risk. This Website, Listing, your Account and all Goods or Services Seller through the use of this Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement by us.
   9. We have no liability to the extent that our performance or your access to or use of this Website or an Account is prevented by Force Majeure.
   10. To the maximum extent permitted by law, all express or implied guarantees, warranties, representations, or other terms and conditions or which could otherwise be implied into these Terms and Conditions are excluded, including the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website or of any Linked Sites and the merchantability or fitness for any particular purpose for any service or good contained or referred to on this Website or any Linked Sites.
   11. To the maximum extent permitted by law, we will not be held liable for, and no measure of damages will, under any circumstance, include special, indirect, consequential, incidental or punitive damages, or damages for loss of profits, revenue, goodwill, anticipated savings or loss, or data corruption, whether in contract, tort, negligence, in equity, under statute, under an indemnity, based on breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
   12. We disclaim all responsibility and all liability (including without limitation, liability in negligence) for all expenses, Loss, damages and costs you might incur as a result of the information on this Website, Linked Sites or on an Account being inaccurate or incomplete in any way, and for any reason.
   13. Each User waives and releases us and our agents, employees, contractors and service providers to the full extent permitted by law from any and all claims or Loss relating to the usage of material or information made available through this Website. Subject to any terms implied by law, which cannot be excluded, in no event shall we be liable for any losses or damages, including incidental or consequential damages, resulting from use of the material.

    

   19. INDEMNITY

   • 1. To the maximum extent permitted by law, you agree to indemnify us and keep us indemnified, from and against all claims, demands, actions, damages, costs, Loss, expenses of any nature whatsoever and to abandon forever and discharge any present or future claim, right or remedy against us.
     2. You agree to indemnify, defend and hold harmless the LocalAg Group and any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, interns, employees, from and against any claim or demand, including a claim for reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
     3. Any Consumer agrees to indemnify, defend and hold harmless the LocalAg Group and any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, interns, employees, from and against any claim or demand made by any person (including, but not limited to, the Consumer, the Seller, a User or Account holder) against us in connection with any Loss caused directly or indirectly by us or arising from or incidental to the use of this Website or an Account, the provision of Goods or Services, any Transaction or Listing or the subject matter of these Terms and Conditions. This includes damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide access to an Account, this Website, Goods or Services, or otherwise arising out of the provision of an this Website, an Account, a Listing or Goods or Services, whether based on negligence, strict liability or otherwise, even if we have been advised of the possibility of damage or Loss.
     4. Any advice, recommendation, information, assistance or service given by us in relation to this Website, a Transaction, an Account or these Terms and Conditions, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty as to accuracy, appropriateness or reliability. We do not accept any liability or responsibility for any Loss suffered as a result of any reliance on such advice, recommendation, information, assistance or service, and you agree to release us from any claim for such reliance.

    

   20. GENERAL

   1. 1. Assignment & Change of Control: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions. We are entitled to and may, from time-to-time in our discretion, do any of the following:
         • assign, delegate, transfer, licence, sublicence, sub-contract, sub-let, novate these Terms and Conditions, or any part of these Terms and Conditions, or assets under this agreement (including any Intellectual Property or Accounts) or any obligations or rights under these Terms and Conditions; or
         • sell all, or part of, itself, or its assets (including any Intellectual Property or Accounts); or
         • change, or vary, in any way our legal or corporate structure and/or the legal or beneficial ownership of the shares, without notice or your prior agreement and for any purpose that we deem necessary, or that we require or for the sake of convenience, and without any reason.
      2. Invalidity: In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, then that part will be deemed severable from the balance of these Terms and Conditions, and the severed part will not affect the validity and the enforceability of any remaining provisions. Further, you agree that the clause determined to be unlawful, void or unenforceable must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
      3. Waiver: Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by us. Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision no matter the delay associated with such an exercise.
      4. Entire Agreement: These Terms and Conditions and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us and governs your use of this Website and Service and supersedes all preceding and contemporaneous agreements between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
      5. Governing Law: These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed and interpreted in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of laws. You agree to the exclusive jurisdiction of the courts of Queensland, Australia to determine any dispute arising out of these Terms and Conditions.
      6. Notices: Unless otherwise stated within these Terms and Conditions, a notice or other communication connected with these Terms and Conditions has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by us to you using your last notified email address or by you to us at our registered office.
      7. Updates: We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to this Website. It is your responsibility to check this Website periodically for changes. Your continued use of or access to this Website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

    

   21. DEFINITIONS

   • 1. In these Terms and Conditions, the following terms are defined as follows:
        • Account: means your individual profile on this Website, and all associated Content;
        • Australian Consumer Law: means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
        • Business Day: means a day that is not a Saturday, Sunday or public holiday in the place where the Services are principally being carried out or the Goods are provided;
        • Communication Services: includes but is not limited to online forms, interactive chat options, Artificial Intelligence (AI) chat bot (Kev), electronic requests and enquiries, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of communication whether online, by email, by postal mail, by telephone or otherwise;
        • Consumer/s: means any User who uses this Website to order Goods or Services;
        • Content: means all Listings, data, text, messages and other material that you share through this Website or otherwise with us or another User;
        • Final Payment: means the portion of the Payment that is provided by us or the Third-party Payment Service to the Consumer or Seller as applicable for the Goods or Services (less the Order Fee, any applicable service charge or administration fee and any Third-Party Payment Service’s fees and charges in relation to refunds where applicable);
        • Force Majeure: means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or preventive measures, including forces of nature, natural disasters, acts of terrorism, failure of any telecommunications or computer system, riots, lock-out, revolution, civil commotion, pandemic, epidemic, accident, industrial action, and action or inaction by a government agency, or by any damage caused by any of such events;
        • Goods: means any item or product included in a Listing by a Seller on this Website;
        • Intellectual Property Rights: means intellectual property rights at any time protected by statute or common law, including copyright, moral rights, trademarks, patents and registered designs;
        • Listing/s: means any post or advertisement included on this Website by a Seller offering to provide Goods or Services;
        • Listing Policy: means any policy or procedure we might create from time to time to set guidelines around Listings on this Website;
        • Loss: includes, but is not limited to, costs (including Buyer and Seller legal costs and the our legal costs on an indemnity basis), disbursements, expenses, consequential loss, lost profits, increased costs of doing business, opportunity loss, compensation for damages for personal injury or death and property damage;
        • Order: is an acceptance by a Seller of an offer by a Consumer in response to an invitation to treat by a Seller on this Website, or alternatively an acceptance by a Consumer of an offer by a Seller on this Website, both for a Good or Service included in a Listing by a Seller on this Website;
        • Order Fee: means the fees charged by us when an Order is confirmed and can be found here;
        • Payment: means the amount paid by a Consumer through this Website or a Linked Site for the Good or Service which includes the Order Fee;
        • Person: means an individual or legal entity, including an individual or business;
        • Services: means a task that a Seller agrees to perform and is included in a Listing by a Seller on this Website;
        • Seller: means any User or Account holder who uses this Website to sell Goods or Services;
        • Third-Party Payment Service: includes payment providers that LocalAg may engage to provide payment services on this Website that Consumers can use to make a Payment including but not limited to:
          • PayPal;
          • Escrow Agent (currently Check Vault);
        • Transaction: is an agreement for an exchange of Goods or Services on the terms agreed between the Consumer and the Seller which comes into effect between the Consumer and Seller once the Seller has accepted the Consumer’s Order and receive the Final Payment for the Consumer’s Order; and
        • User: means any person who registered an Account on this Website.

   Website: means the online platform operated by LocalAg Pty Ltd (ABN 81 631 212 416) and LocalAg Plus Pty Ltd (ABN 63 685 140 472) or other LocalAg Group entity, including the LocalAg online marketplace and the LocalAg Plus extension web page, and its related pages, sections, tools, content, features and services, whether accessed via desktop, mobile or any other device.

   22. Contact Information

   You may contact us at any time if you have any questions or concerns about our Terms and Conditions. You may make a complaint to us using the contact details set out below.

   Contact Details:

   • Phone: 1300 669 433
   • Email – questions: [email protected]
   • View our Privacy Policy here for more information.
   • Contact form
   • Email – complaints:  [email protected]
   • Dispute Resolution