The GippslandFarms.com.au Terms & Conditions in its entirety apply to all sections, all categories and all sub-categories on the website. These Terms & Conditions are designed to cover all of our current products and services as well as any future products and services. Any additional &/or specific Terms & Conditions that may be relevant &/or specific to any particular product, service, section or category are stated before the General Terms & Conditions section.
It is very important that you read, understand and agree to all Terms & Conditions before proceeding to use our GippslandFarms.com.au website, products &/or services. If you have not read, or do not understand, or do not agree with our Terms & Conditions, then you should not proceed to use our website, products &/or services. If this is the case for you, then you are advised to seek appropriate legal advice from your legal counsel before proceeding to use our website, products &/or services. However if you use our products &/or services &/or website in any way, shape or form; either as a registered, non-registered, or as a browsing user, or customer without reading, understanding and agreeing to our Terms & Conditions, then it will be deemed that you have read, understood and agreed to all of the Terms & Conditions in this document regarding the use of the GippslandFarms.com.au products &/or services &/or our website. This requirement also refers to any trade promotional activities &/or opportunities that may be currently available &/or on offer at any time. By using the GippslandFarms.com.au website either as a registered, non-registered customer, or as a browsing user, our products &/or services, it is deemed by GippslandFarms.com.au and by implication that you have read, completely understood, accept and therefore agree to be bound by all of these Terms & Conditions upon either website usage in any way, shape or form; or by registration; or by the payment of any GippslandFarms.com.au advertising &/or listing fees. You therefore acknowledge and agree that an operating current Customer Service Agreement (if any) which comprises these Terms & Conditions will commence upon payment of appropriate registration, advertising and/or listing fees for any specified products and/or services and for the duration of the customers registration, advertising and/or listing term.
GippslandFarms.com.au reserves the right to vary these Terms & Conditions at any time and without notice. You therefore agree to be bound by these changes. Where any of the Terms & Conditions are inconsistent with an operating current Customer Service Agreement (if any), then the Customer Service Agreement will prevail to the extent of the inconsistency. It is in your interest as a registered or non-registered customer &/or as a general browsing user that you check our Terms & Conditions for any relevant changes before using or continuing to use our website, products &/or services. GippslandFarms.com.au general and specific Terms & Conditions apply to all GippslandFarms.com.au products and services regardless of their specifics and application. All stated Terms & Conditions being either specific, or general, or of any other type apply to all and every part of this document.
Specific Terms & Conditions
These Specific Terms & Conditions are in addition to the General Terms & Conditions detailed further in this document. Any specific &/or additional Terms & Conditions, or any exceptions to the General Terms & Conditions that may be specific to any particular product, service or section of our website are stated here. All Terms & Conditions being either specific, or general, or of any other type are all cross-applicable thus applying to all and every part of this document.
GippslandFarms.com.au will not be responsible for, nor be liable for to any client/s, or any other third party/ies for any kind of damages being either direct, indirect or consequential resulting from the provision of any products &/or services by GippslandFarms.com.au. These are, but not limited to: hardware damage, software damage &/or program corruption, loss &/or corruption of data files of any type and any other kind of damage/s; or loss of personal or business income, or loss of profits, or any other form of income, or damage to goodwill, or business &/or services interruption of any kind due to the serviced computer equipment being unusable and for any reason.
Limitation of Liability
GippslandFarms.com.au will not be responsible for, nor liable for any personal or business losses being either material, hardware/software & time; current, potential &/or future revenues or profits; or damages in any way shape or form; and being either indirect, special or consequential; and for any reason whatsoever regarding the performance or non-performance of any contractual relationships, or obligations, or commitments, or any kind arising between any customer and GippslandFarms.com.au regardless of how these may have occurred. GippslandFarms.com.au will not be responsible for, nor liable for any problems or financial losses or any kind whatsoever that may be incurred due to web server unavailability times, web hosting issues, ISP issues, search engine issues, general intenet operation and availability or Acts of God, or any other reason. GippslandFarms.com.au also reserves the right to vary the design and development progress (accelerate, delay or stop) of any project for any reason whatsoever and without any liability. GippslandFarms.com.au will not be responsible for, nor liable for any damages of any kind due to any legal or illegal activities, hackers, hacking or hacking attempts, nor any modifications to any website and nor for any other reason. GippslandFarms.com.au will not be responsible for, nor liable for the repair, or correction of any subsequent damages or modifications made; however we may be able to resolve any issues and repair any damages, or make modifications in accordance with our pricing and service provision policies. GippslandFarms.com.au will also not be held responsible for, nor liable for any damage, or destruction of any item that may be delivered to the client/s premises using any method and for any reason.
GippslandFarms.com.au will not be responsible for, nor be liable for, nor accept any material from any client/s to be used in any websites that may constitute a breach of copyright laws in Australia and anywhere else in the world. If any client/s is/are in breach of any copyright laws, then that client will be held legally responsible and liable for all costs, expenses, damages and losses of revenues &/or profits of any kind arising out of this breach. Clients may use materials that are completely free of copyright, in the public domain, or purchase and therefore legally acquire copyright to certain materials, or use their own self created materials by which they must legally own the copyright. All copyright and intellectual property rights for all work that has been created by GippslandFarms.com.au on behalf of any client/s will remain the property of GippslandFarms.com.au until that client's account is paid in full and GippslandFarms.com.au has authorised a transfer of these rights in writing.
Seach Engines and Optimisation
Placement of a client's website in any search engines results cannot be and is not guaranteed by GippslandFarms.com.au. GippslandFarms.com.au will endeavour to optimise your website within certain limited constraints so as to possibly maximise the chances of a higher position in the search engine results. Search engine optimisation is a specialised scientific and technical process that can involve a substantial amount of time and resources in order to obtain a better ranking. If a client requires a better ranking than that provided by our initial default website configuration, then this work must be undertaken as a separate task and billed separately to the clients account. This work is to be performed at an hourly rate with regular account payments. GippslandFarms.com.au will not be involved in any websites that breach content as described in our terms & conditions and we reserve the right to exclude, disable or remove any website that is in breach of our terms & conditions. We do not accept any responsibility nor are we liable for any periods where search engines are not available, or not operating, or submissions unavailability, or the internet if not operating, or any other reason. GippslandFarms.com.au will not intentionally cause your website/s to be spamdexed which is detrimental to the search engine indexing of your website/s.
General Terms & Conditions
Website Usage, Website Policies & Directory Content
It is mandatory that all persons registering or responsible for registering and/or submitting any advertisements and/or listings on the GippslandFarms.com.au website be 18 years of age or older. If you are unable to comply with this condition, then you will need to supply a written authority signed by an authorized person or persons (E.g. Statutory Declaration signed by an authorized person. E.g. Justice of the Peace, Police Officer or Pharmacist etc) confirming that you meet this condition. Information contained on this website and the various sections therein and directories may be created through various techniques including manual and/or automatic techniques, with full, little or no human intervention. Due to the combination of human and possible automatic content creation and the ever-changing nature of the web, GippslandFarms.com.au is unable to and will not guarantee that information contained within the website will be necessarily complete; or accurate; or that links associated with any other websites will be operational when required at the time of any searching or browsing activity.
GippslandFarms.com.au is unable to and will not screen all listings & advertisements included on the website; and any directories; and any other sections of the website due to the impractical nature of this process. GippslandFarms.com.au will however endeavour to perform content screening as far as it is practical to do so regarding any customer’s website registration and/or any content being submitted, approved and then published. Therefore, for these reasons, GippslandFarms.com.au will not and does not assume any responsibility whatsoever for the registration of a customer; or content of any listing and/or advertisement that is placed on the website; and will not be responsible for any errors or omissions contained on the website; or any unlawful, offensive or otherwise objectionable content contained in the website. GippslandFarms.com.au may occasionally receive requests from its customers or other persons and/or organizations to remove listings and/or advertisements from the directory or website for a variety of reasons. GippslandFarms.com.au reserves the exclusive right to address and handle such requests on a case-by-case basis. Any such requests should be addressed to GippslandFarms.com.au. GippslandFarms.com.au will not permit any customer/s to submit to the GippslandFarms.com.au website and/or directory any material which violates any intellectual property rights (including, without limitation, patents, trademarks, trade names, copyright and design rights and whether registered or unregistered); or other rights of any person/s and/or organization/s in any jurisdiction in the world; nor submit to the website and/or directory or, if applicable, any website/s linked to a listing on the GippslandFarms.com.au website and in the directories, any illegal, defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, pornographic, indecent or otherwise objectionable material of any kind; nor submit or otherwise link to the GippslandFarms.com.au website and/or directories, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful and damaging codes/scripts; nor damage, modify, interfere with, disrupt or destroy any files, data, content, passwords, devices or resources that belong to GippslandFarms.com.au; or do anything that compromises the security and/or stability of the GippslandFarms.com.au website and/or the directories; nor use the website and/or directories to engage in conduct (including on-line marketing practices) that is/are misleading or deceptive or likely to mislead or deceive; nor use the website and/or directory in connection with the transmission of junk mail, spam, chain letters; or to engage in other flooding techniques or mass distribution of unsolicited email; nor resell rent or lease the website and business directories as displayed on the GippslandFarms.com.au website or any associated website; or use of; or access to the GippslandFarms.com.au Directory as displayed on the GippslandFarms.com.au website or any associated website; nor without the express written permission of GippslandFarms.com.au take the results from the website and/or directories to modify and re-display them; nor mirror the website and/or directory’s home page or other pages or results pages on any other website/s; nor data-mine or send automated queries of any kind to the website or the directory without properly authorized and written permission of GippslandFarms.com.au.
You also agree to comply with the editorial policy of GippslandFarms.com.au which forms part of these Terms & Conditions. GippslandFarms.com.au may at its sole discretion and at any time remove, modify, edit or refuse to publish any material supplied by you for any justifiable reason. A customer’s advertising and/or listing term commences from the date that their approved advertisement and/or listing is published and thus becomes visible on the internet for other users to access. This normally follows successful account payment and subsequent approval of the advertisement and/or listing by GippslandFarms.com.au customer service. The anniversary date of an advertisement and/or listing is the date when the advertising and/or listing contractual term comes to an end and normally commences from the date of publication; with exception to any selected and/or special offers that may be available from time to time; and will cease being active at the end of a 14 day grace period which commences from the next day following the anniversary date by which date the client is required to pay the re-advertising and/or re-listing fees and any other charges in full as determined by GippslandFarms.com.au for the next advertising and/or listing term as selected by the customer and subject to any special offers that may be available at that particular time. Once a customer has selected a particular website section and an appropriate advertisement and/or listing category, any specific parameters and terms & conditions for that advertisement and/or listing will automatically apply. These parameters if necessary may be listed on the customer registration & advertisement/listing selection page. Possible listed parameters are the Price and the Term (duration of the advertisement and/or listing) together with any additional offered parameters (e.g. number of free updates or extended listing terms etc) and will form part of the contractual agreement between GippslandFarms.com.au and the customer. GippslandFarms.com.au reserves the right to change the parameters from time to time and without notice. GippslandFarms.com.au also reserves the right to exercise a no refund policy. Once any website registration or an advertisement and/or listing is paid for, approved and then activated (published), refunds will not normally be available. Refunds are at the sole and absolute discretion of GippslandFarms.com.au administration.
GippslandFarms.com.au reserves the right to either include or exclude any registration, advertisement and/or listing on the website and directories; or to remove a business or person from the website or business directories; and to control all of the content of any advertisement and/or listing on the website or directories based on the following guidelines. GippslandFarms.com.au has the sole right to control the utilization and publication of all content that GippslandFarms.com.au has used to describe an advertisement and/or a listing for all customers whether being for business or private purposes; and for all other purposes relating to this website, its directories, products and/or services. GippslandFarms.com.au reserves the right to include or exclude any registration, advertisement and/or listing on the website; or remove any and all listing and/or advertising information on the website and directories based on the legal and ethical standards of GippslandFarms.com.au. GippslandFarms.com.au reserves the right to refuse any textual and/or visual content, advertisements or keywords containing or relating to certain products or services; and to refuse or modify any content and/or material intended for listing on the website and directories; and on any associated website/s as stated in these Terms & Conditions. If any advertisement and/or listing contains claims regarding product and/or services comparison/s to competitors, then support for this/these claim/s or a guarantee for this/these claim/s must be included within the same portion of text as the statement or guarantee. E.g. Words or phrases like “Number 1”, “Best”, “We are the number 1 …..:, “We are the best…..”, “We are the greatest……”, etc and should be followed by a supporting statement or source. Words like “Cheapest”, “Fastest” etc should be followed by a performance guarantee such as “Lowest Price in town for cameras or we’ll give you a refund the difference, no questions asked”. If an advertisement and/or listing contains textual and/or visual content that includes a price, special discount, or “free” offer, it must be clearly and accurately displayed on the customer’s website within 1 to 2 clicks of the customer’s website home or directly linked page; or on the customer’s information page on their website; or within the GippslandFarms.com.au business directory. The customer’s advertisement containing any textual and/or visual content must not contain any universal call-to-action phrases such as “click here”, “link here”, “visit this business”, “this listing is”, or other similar phrases that could apply to any type of advertisement and/or listing regardless of the content, the type of business activity, personal activity or location. Adult type content is only permitted if the customer’s advertisement and/or listing textual and/or visual content is appropriate for general publication and general public viewing; and is considered by GippslandFarms.com.au to be necessary to convey an appropriate advertising message. All advertisements and/or listings containing adult type content will be restricted to certain sections on the website and business directories that are unambiguously adult type in nature. Links to external websites that contain adult type content will only be accepted if the home and/or linked page of that website is free of adult content and that page includes appropriate warnings regarding the content of the website’s subsequent pages as governed by the State laws of Victoria and federal laws of the Commonwealth of Australia. GippslandFarms.com.au reserves the right to refuse any textual and/or visual content; or may remove any textual and/or visual content on the website and in the various directories that it deems to be inappropriate and/or unacceptable. This includes content that is or has the potential to be illegal in nature including without limitation any information that may encourage conduct that would constitute a criminal offence; or violate any intellectual property rights (including and without limitation, patents, trademarks, trade names, logos, copyright and design rights; and whether non-registrable or registrable, registered or unregistered); or any other rights of any person or organization in any jurisdiction in the world; be inappropriate, unlawful, profane, defamatory, abusive, threatening, harassing, discriminatory; be deceptive or misleading or likely to deceive or mislead; contain references to illegal, banned, illicit, unapproved drugs or pharmaceuticals or other substances; or contain any information in any way, shape or form that describes, promotes, features or advertises or otherwise advertises and/or lists any kind of online and/or on-line casinos or other types of gambling services.
GippslandFarms.com.au reserves the right to control the textual and/or visual content of all advertisements and/ listings on the website and in the directories according to the following guidelines. There must not be any repeated and/or unnecessary punctuation or symbols; and the advertisement/listing title must not contain any non-alphanumeric character/s unless it/they is/are actually part of the client’s business, business or company name and/or product branding and/or advertisement and/or listing or textual and visual content. The business or company name must be shown in the correct case when displayed on the GippslandFarms.com.au website and within the business directories (e.g. “GippslandFarms.com.au”), with the exception of the company name, no excessive capitalization and non-capitalization of any letter within the client’s displayed website address (URL) is permitted. Repetition is generally not permitted. However, the only kind of repetition that may be allowed is if the repetition is part of a place or registered business name or brand. Any repetition determined by GippslandFarms.com.au as being excessive or gimmicky will not be permitted under any circumstances. Spelling of the textual content must be in Australian Standard English unless required due to some uniqueness within the business/company name or address. Sentences and phrasing in the textual content must be correct and logical and is grammatically correct. Keywords must be in the form of single or double words that are separated by a comma or some other equivalent character. Textual and visual content must keep within the maximum limits if specified on the GippslandFarms.com.au website. The advertisement’s/listing’s textual/visual content and their related keywords must directly relate to the customer's business, products and/or services. Textual and/or visual content as well as any website links must be accurate, operational and current as well as being kept up to date of a regular basis to maintain their currency and relevancy. Keywords must be specific and accurately reflect the customer's area of business, expertise, products and/or services, specialization and any other activities.
GippslandFarms.com.au reserves the right to either, approve or reject a customer’s advertisement and/or listing as well as decide whether, where and how a client’s website is to be listed on the GippslandFarms.com.au website and directories. If GippslandFarms.com.au accepts the customer’s application for an advertisement and/or listing to be placed on the GippslandFarms.com.au website and in an appropriate section and/or directory, then GippslandFarms.com.au will consider the customer's selected preferences, but reserves the right to list the customer’s advertisement and/or listing in any section, directory, category or sub-category that GippslandFarms.com.au deems to be appropriate in its sole discretion. Once GippslandFarms.com.au approves an advertisement and/or listing for placement on the website and in an appropriate section of the business directory, it reserves the right not to include any specific keywords, graphics, images, video/audio content, comments, or any other content with that particular advertisement and/or listing. GippslandFarms.com.au reserves the right, and in its sole discretion, to remove the client's advertisement and/or listing from the website and/or directories, or to move the advertisement and/or listing to a different section, category or sub-category, and change or remove any keywords, graphics, images, video/audio, comments, or any other content at any time, for any reason, including but not limited to any change in the nature, business, goods, and/or services or other content available on the website.
Any press releases and other public announcements related to the customer's inclusion or possible inclusion of their advertisement and/or listing on the website, including the method and timing of such announcements, must first be approved in advance by GippslandFarms.com.au administration and submitted in writing. GippslandFarms.com.au reserves the right to withhold the approval of any public announcement in its sole discretion. No customer/s may use the expression “GippslandFarms.com.au” or refer to “GippslandFarms.com.au” without the express written permission of GippslandFarms.com.au. If the customer's website is a business/commercial site, the customer’s official business name must be visible to all visitors to that website and the linked website must only be for the business for which it is listed. The website must clearly define the customer’s purpose, products, and/or services. The web site must contain substantively unique content, as determined by GippslandFarms.com.au’ editorial staff, (E.g. a business that submits multiple URLs to the same website content is not submitting unique content that can be considered substantial). If the website is applicable to a specific geographic location, the physical business address must be visible to any visitor to that website. The site must not contain any parts that are labelled as “Under Construction” or indicated to be so. All links on the website must function correctly and must link to appropriate and relevant content. The website textual content must be written and displayed in English The website must support multiple browsers and capabilities (E.g. no Java-only sites). The website must be fully operational 24 hours a day, 7 days a week. The website link cannot be used for any other additional advertising. The website’s URL must be a complete address including a valid registered domain extension (E.g. “.com.au”). The displayed valid and current email address must be that of the registered business or person against for which it is listed. The email address or link cannot be used for any other additional advertising. The email address must be complete including a “@” symbol with a valid and operational domain extension (E.g. “.com.au”). The email address must be valid and fully operational without exception at the time of listing and must be maintained fully operational accordingly or be subsequently removed from the site. Any website/s that open/s a pop-up window when entering or leaving that linked website’s home or linked page will not be included. GippslandFarms.com.au will not link to any website that is associated with dialers in any way; nor link to any website/s that is/are associated with what GippslandFarms.com.au considers to be unacceptable and/or inappropriate and/or harmful content in any way whatsoever. GippslandFarms.com.au requires that the back buttons on all websites linked to an advertisement and/or listing remain fully and properly functional. Websites that disable, directly or indirectly, back button functionality on a user's browser will not be included. If any customer’s website is found to be in contravention of these Terms & Conditions, then that website link/s will be removed without any notification. GippslandFarms.com.au recommends that all registered customers use a secure server (i.e. https://) when collecting any personal or financial information from their users on the registered customer's own website. GippslandFarms.com.au reserves the right to amend our editorial policy at any time and without any notification. If any customer breaches any editorial policy terms, or any of the GippslandFarms.com.au Terms & Conditions, GippslandFarms.com.au reserves the right to deactivate any customer registration, advertisement and/or listing that is the subject of the policy breach or breach of the Terms & Conditions. All payments still due under any customer service agreement will be deemed due and payable from the date of de-activation or un-publishing without any variation and without prejudice to any of the rights GippslandFarms.com.au may have in respect of any customer service agreement or these Terms & Conditions.
The design and concepts of this website are owned by GippslandFarms.com.au. Website content is either owned by GippslandFarms.com.au or used by GippslandFarms.com.au under license by our customers and any or our associates. As permitted under the Copyright Act 1968 (Cth), or by certain exceptions, it is strictly prohibited to reproduce by any manual, electronic, mechanical or other means, photocopy or use any part of this website covering its content, design, concepts, ideas and inventions in any way, shape or form. You must not adapt, redesign, derive variations or derivatives, publish, display, transmit, print or implement any part of this website and its content without the written permission by GippslandFarms.com.au administration. You are permitted to only view the contents of this website using your preferred internet browser. You may only print copies of the content for personal or non-commercial use providing the copyright notices are not removed. The GippslandFarms.com.au website and contents comprising of its product and/or services are provided strictly for information purposes only.
You are not permitted to use, modify or permit the unlawful use or modification of any trademark/s that is/are not legally owned by you without the prior written permission of GippslandFarms.com.au and/or the respective owner/s of the particular trademark/s. GippslandFarms.com.au requires without exception, the legal and proper use of all trademarks in accordance with IP Australia guidelines. All trademarks that may be displayed on the website and associated websites belong to their respective owners, and are displayed on the website for their advertising purposes and for their benefit. GippslandFarms.com.au advises that client’s use their trademarks correctly and in accordance with IP Australia guidelines. IP Australia contact details are as follows:
Ground Floor, Discovery House
47 Bowes Street
Phillip ACT, 2606
PO Box 200
Woden ACT, 2606
Telephone: +61 (0)2 6283 2999
Facsimile: +61 (0)2 6283 7999
Intellectual property that relates to the material content on this website and any associated websites belongs to GippslandFarms.com.au, or its licensors, and/or advertisers (registered customers) All other users of the website do not have any interest whatsoever in that intellectual property. Users are not permitted to do anything in any way that may interfere with or breach any intellectual property rights. This includes re-use, publishing or transmission of any map information or other data and content.
GippslandFarms.com.au does not provide any financial advice in any way, shape or form whatsoever. All information in the website is of a general nature. Users of the website should obtain qualified professional advice from qualified and professional financial advisors before acting upon any of the information contained in this website.
Users must acknowledge that all communication or correspondence that is conducted on the website and all online and telephone based communications and activities in relation to GippslandFarms.com.au are currently based and concluded in the State of Victoria, Australia. The customer/s warrant/s that they have the full and proper authority to enter into any agreement with GippslandFarms.com.au to advertise their products and/or services; or place any other listing as required by the customer/s. The customer/s warrant/s that the customer/s advertising and/or listing material is completely factual and accurate. Should any of the customer’s account details, advertising and/or listing material change during the term of the advertisement and/or listing, then the customer is able to edit their registration and/or account details, advertisement and/or listing themselves in accordance with the Terms & Conditions of their particular advertisement and/or listing. These Terms & Conditions normally will allow the customer/s to change their registration and account details whenever validly required themselves and without the need for approval, but may be limited to the number of times they are able to change the textual and/or visual content of their advertisement and/or listing as directed by GippslandFarms.com.au administration. Normally the advertisement and/or listing textual and/graphical content may be changed once per year without any fees or charges being incurred commencing from the publishing date and time of the customer’s advertisement and/or listing. The customer/s will therefore need to edit their advertisement and/or listing textual and/or visual content and then submit their changes for approval by GippslandFarms.com.au customer service. The customer must notify GippslandFarms.com.au customer service by email and request that GippslandFarms.com.au at GippslandFarms.com.au discretion implement the necessary changes and agree to the payment in full of any and all subsequently incurred fees and charges if applicable and if GippslandFarms.com.au agrees to make the changes. GippslandFarms.com.au will notify the customer/s of any changes made and any associated fees and charges if applicable as per the customer’s request. GippslandFarms.com.au will not under any circumstances whatsoever accept any responsibility for the validity of the customer’s content and material and is not liable in any way, shape or form for any error/s or omission/s in the customer’s content and material. GippslandFarms.com.au may from time to time vary the above Terms & Conditions in the warranties section to allow for various economic conditions and for business promotional reasons. Any variation will be stated in the registration section or other appropriate section on the website. If there is no variation available at the time, the above Terms & Conditions will apply at all times. GippslandFarms.com.au will not warrant that the customer’s listing on the GippslandFarms.com.au search results will be published or continue to be published on any internet website that is not associated with GippslandFarms.com.au at any time during the term of the customer’s advertisement and/or listing; and the customer/s acknowledge/s that the failure of any website to publish or continue to publish the customer’s advertisement and/or listing will not affect the customer’s rights and obligations under these Terms & Conditions; and that GippslandFarms.com.au is not liable to the customer/s for any claims for losses or damages arising from the publication or non-publication of the customer’s advertisement and/or listing; and GippslandFarms.com.au reserves the right to change its associates and partners from time to time; and provides no guarantee that the customer’s advertisement and/or listing will be distributed by any particular associate or partner for the duration of the advertisement and/or listing term. GippslandFarms.com.au does not warrant; nor represent that the content of the website complies with the laws of any other country outside of Australia. Any access to our website from locations outside of Australia is entirely at your own risk and is your responsibility entirely. GippslandFarms.com.au will not be liable and will not accept any responsibility for the risk consequences whatsoever. There is nothing on the GippslandFarms.com.au website that would constitute an offer to provide any products and/or services in any other jurisdiction that if to do so would contravene the laws of that jurisdiction.
The customer/s warrant/s that they have proper and full legal ownership of, or the proper legal authority to provide all of the necessary materials to GippslandFarms.com.au in relation to their registered account, advertisement/s and/or listing/s. These materials may comprise of textual content, images, graphics, video/audio, drawings, artworks, trademarks and logos. The customer/s grant/s GippslandFarms.com.au an unrestricted license to use for the purposes of properly and effectively providing this service. This includes a license to copy, edit and display the submitted material. No intellectual rights are created by the customer’s use of the GippslandFarms.com.au website, products and/or services; or any other websites that are the property of any other parties who may also be displaying the products and/or services of GippslandFarms.com.au.
All users of this website and its products & services shall without exception fully indemnify GippslandFarms.com.au, its parent company ComTech Pty Ltd, its owners, associated businesses and entities, officers, employees, consultants, associates & agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action for compensation in contract, under statute or in tort (including negligence) made against or suffered by any of those indemnified arising in whole or in part, in relation to any activity that is expressed in these Terms & Conditions to be the responsibility of the user; and any listing or advertisement submitted to or placed on the website or information that is made available on the website; and any breach of these Terms & Conditions. All customers and all other users shall and without any limiting effects of any other sections of these Terms & Conditions, fully indemnify ComTech Pty Ltd, GippslandFarms.com.au, its owners, officers, employees, consultants, associates & agents in relation to defamation, libel, slander of title, copyright infringement, trademark infringement, names of publication titles infringement, unfair competition or competitive practices, any breach of the Trade Practices Act or Fair Trading Act or other relevant legislation, any violations of the rights of privacy, confidential information, licenses, loyalty rights or other intellectual or property rights. If GippslandFarms.com.au is the cause of any error or omission in the customer’s material and the customer/s suffer/s losses and/or damages as a result, GippslandFarms.com.au’ maximum liability to the customer/s will be a proportional amount of the original advertising and/or listing costs calculated for the remainder of the period of the advertising and/or listing term during which the error or omission was displayed, calculated from the date of the error or omission giving rise to the suffered loss or damage. The customer/s agree/s to fully indemnify GippslandFarms.com.au against all claims, actions, demands, costs, damages, expenses and all liabilities (including all legal costs) relating to or arising from the performance by GippslandFarms.com.au of its obligations under this agreement. Under no circumstances will GippslandFarms.com.au be liable for special, indirect or consequential losses and/or damages. In addition to and subject to any specific indemnity in the GippslandFarms.com.au Terms & Conditions, the customer/s acknowledge/s that GippslandFarms.com.au will not be liable for any and all indirect or consequential losses or damages (including legal fees and other costs incurred) arising out of or in any way connected with the supply of products and/or services, any payment method in any agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a GippslandFarms.com.au directory on GippslandFarms.com.au website or any of its printed material. If a customer/s sign/s a credit card debit authority in any agreement the customer/s further indemnify/ies GippslandFarms.com.au and acknowledges that GippslandFarms.com.au will not be liable for any loss or damage, direct, indirect or consequential (including legal fees and other costs incurred) arising out of or in any way connected to a breach by the customer/s of the Terms & Conditions including any act, neglect or default by the customer, its employees, agents, associates, licensees or clients; or any successful claim by any third party against GippslandFarms.com.au in respect of any matter arising from the operation, use, transfer of data or money to and from GippslandFarms.com.au by the client; or the clients general conduct.
GippslandFarms.com.au may assign the benefit of or any of its rights to any third party as may be required without the consent of the customer/s under these Terms & Conditions. If GippslandFarms.com.au assigns its rights, the customer must sign any document that my be reasonable required by GippslandFarms.com.au pursuant to any such assignment. The customer/s is/are not permitted to assign any of their rights or obligations without the written consent of GippslandFarms.com.au.
Disputes & Dispute Resolution
Should a dispute arise out of; or in relation to these Terms & Conditions; or the breach, termination, validity or subject matter of them; or as to any related claim in restitution; or at law; in equity or pursuant to any statute, the parties to any specific agreement and dispute expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre Limited (ACDC) - website www.acdcltd.com.au
Level 6, 50 Park Street
Sydney, 2000, Australia
Telephone: +61 2 9267 1000
Facsimile: +61 2 9267 3125
Privacy & Confidentially
GippslandFarms.com.au or the customer may terminate this agreement at any time providing at least 30 days notice is provided in writing. If the customer/s validly terminate/s this agreement, they must immediately pay all fees and charges that may be outstanding and owing up to the date from when termination takes effect. The customer acknowledges that GippslandFarms.com.au may take appropriate legal action to recover all fees and charges that may be outstanding in accordance with these terms. GippslandFarms.com.au may terminate this agreement immediately and without any prior notice to the customer/s if the customer/s breach/es any of these Terms & Conditions. If GippslandFarms.com.au terminates this agreement accordingly to this clause, then, without affecting any other rights GippslandFarms.com.au may have; the customer/s must immediately pay to GippslandFarms.com.au all outstanding fees and charges owing under these Terms & Conditions and that have been incurred up until the date of termination.
Customer Account Terms & Conditions
The customer/s agree/s to pay GippslandFarms.com.au the invoiced amount in full as requested by GippslandFarms.com.au prior to their advertisement or publication being assessed for approval and subsequently published on the website. Payment is strictly by credit card using the current online payment system available on the GippslandFarms.com.au website. Any other means of payment must be made by special arrangement with GippslandFarms.com.au administration. Although the customer/s account may have been created and saved on the GippslandFarms.com.au web server and database, their listing will not be activated (published) until the account is paid in full as per these Terms & Conditions and assessed and approved subject to meeting all of the Terms & Conditions. All account payments must be made in accordance to the relevant sections of the Terms & Conditions. Should there be insufficient funds to pay fees and charges when they fall due in a customer’s account (Credit Card or other bank account or other type of account); or a customer’s cheque is reversed and/or dishonoured, then the customer is in effect in breach of these Terms & Conditions and GippslandFarms.com.au may without any notice to the customer/s and without affecting any other rights terminate any customer service agreement with the customer/s and/or stop providing further products and/or services to the customer/s. All prices quoted by GippslandFarms.com.au are exclusive of GST. Should the rate of GST change, then the new rate will apply to all pricing. GippslandFarms.com.au will issue a tax invoice upon proper and successful account payment by the customer. The customer acknowledges that prices for all products and all services offered by GippslandFarms.com.au are subject to change without notice and agrees to pay all such charges that may be implemented as a result of the change in the rate of GST. GST has the meaning as defined in the Goods and Services Tax Act 1999 Australia.
All users of the GippslandFarms.com.au website will not be permitted to use the website in any way or for any purpose that is not in accordance with these Terms & Conditions; nor for any unlawful purpose whatsoever in any way shape or form. All intellectual property relating to the content and material connected and used within the GippslandFarms.com.au website is the sole property of GippslandFarms.com.au, or its customers, advertisers and licensors. Browsing users do not have any interest in that intellectual property and may not do anything that might interfere with or breach any of the intellectual property rights. All users will acknowledge that GippslandFarms.com.au may use any or all of the intellectual property relating to the material that is provided by all users of the website throughout the world and without any restrictions, charges or penalties. All users will warrant to GippslandFarms.com.au that all information that is provided to GippslandFarms.com.au for publication is accurate and does not breach any laws or the rights of any person or organization. All users will confirm their true identity when confirmation of their true identity is required and will not impersonate any other person or organization; nor misrepresent any other person or organization either directly or indirectly or by affiliation. Nor will they forge or attempt to forge information or communications of any kind and in any way shape or form. The customer/s authorize/s GippslandFarms.com.au to use their credit card for the payment of products and/or services by way of an online credit card payment system (e.g. Pay Pal). The online credit card payment system may vary from time to time depending upon the prevailing economic conditions and business arrangements with various organizations that provide this service. The client must ensure that they will have sufficient available funds in their credit card account for payment to be properly transacted. This also applies to continuing debiting arrangements for the ongoing provision of GippslandFarms.com.au products and/or services. The credit card must be in the name of the person or organization accepting to pay for the product and/or service and the customer warrants that this is the case. It is unlawful for any person or organization to use a credit card without the written permission of its owner; with such use subject to criminal proceedings being instituted against that person or organization. GippslandFarms.com.au will not accept any responsibility for any loss or damages in any way shape or form resulting from such unlawful action or conduct and for any reason whatsoever.
Liabilities & Responsibilities
GippslandFarms.com.au will not be liable for any losses or damages of any kind which may include direct, indirect, consequential, incidental and exemplary losses or damages for any reason whatsoever in relation to any of the following reasons:- website unavailability to any user/s; computer communications being disrupted by either malfunction, upgrading or maintenance activities; interruption, suspension or termination of services; or if there is a deficiency or inaccuracy in the website that may be attributed to a lack of proper website maintenance; or in relation to any listing, notice or advertisement that for any reason does not appear in accordance with the instructions either by the customer/s or GippslandFarms.com.au administrative personnel; or any other person or organization with the relevant authority to do so; or in relation to any person’s organizations reliance upon the information contained in the website; or in relation to the correctness, accuracy, currency, completeness or otherwise, of information contained in the website; or in relation to the supply of any products and/or services on or in relation to the website.
Notices must be served either in person, email, post or facsimile to the customer/s at their street or PO Box address as contained in their account stored on the GippslandFarms.com.au website. Any notice that is required to be served by the customer/s must be served either in person, email, post or facsimile to:- and if in the event the mediation is unsuccessful, to submit the dispute to expert determination. The mediation shall be conducted in accordance with the ACDC guidelines for commercial mediation which is operating at the time the dispute is referred to the ACDC. The guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the guidelines are deemed to be incorporated into this particular term. In the event that the dispute has not settled within twenty-eight (28) days after appointment of the mediator, or such other period as agreed to in writing between the parties, the dispute shall be submitted to expert determination at the Australian Commercial Disputes Centre Limited (ACDC Ltd) in Sydney, NSW, URL: www.acdcltd.com.au; and administered by the ACDC and conducted in accordance with the ACDC Rules for Expert Determination, which are operating at the time the dispute is referred to the ACDC. The Rules set out the procedures to be adopted, the process of selection of the expert and the costs involved. The terms of the Rules are deemed to be incorporated into this clause. The expert shall not be the same person as the mediator and the terms in this section shall survive termination of any and all agreements with GippslandFarms.com.au customer/s. The ACDC details are as follows:-
Australian Commercial Disputes Centre Limited
Level 6, 50 Park Street
Sydney 2000 Australia
Telephone: (02) 9267 1000
Facsimile: (02) 9267 3125
Chief Executive Officer
GippslandFarms.com.au does not and is not able to guarantee the validity, availability or continued availability of any particular product or service that is either referred to, listed or advertised on this website. GippslandFarms.com.au does not accept any responsibility whatsoever regarding the content of the listings and/or advertisements as they appear on the website and cannot guarantee the success of any of products and services. All users will acknowledge this as well as that GippslandFarms.com.au has no control over the actual or purported existence, quality, standard, truth, accuracy, reliability or currency of any of the products and/or services that are listed or advertised on this website.
Changes to the Terms & Conditions
GippslandFarms.com.au reserves the exclusive right to vary these Terms & Conditions at any time and without prior notice. Should we believe that any changes made to the Terms & Conditions will materially affect any customer service agreement (if existing and current) made between the registered customer and GippslandFarms.com.au, we will notify that registered customer of the changes made. The registered customer will be bound by any variations to the Terms & Conditions upon the deemed receipt of notice. Any non-material changes will automatically apply once they are available on our website for public access.
The GippslandFarms.com.au website may include links to other third party websites. These may not necessarily be related to GippslandFarms.com.au and GippslandFarms.com.au may not have any control or interest in these. The existence and appearance of these links on the website does not indicate that any relationship of any kind exists between GippslandFarms.com.au and that particular third party; nor does it indicate any endorsement of any kind by GippslandFarms.com.au of that third party or its website.
Legal & Government
This agreement is governed by the State laws of Victoria and of the federal laws of the Commonwealth of Australia.
Geographical Mapping Services
GippslandFarms.com.au may include a map on the website or link to a mapping service provider. No warranty is given that any or every listing will include a map and therefore GippslandFarms.com.au will have no liability if it happens that a map is not included in any particular advertisement and/or listing. GippslandFarms.com.au reserves the right to include or not include a map for any customer’s advertisement and/or listing. However, GippslandFarms.com.au will where possible link to a mapping service that shows the customer’s location of their place of business. GippslandFarms.com.au cannot guarantee the accuracy of the map or mapping service and any other information associated with the map and its provision as the map data is provided by a mapping service provider which is an independent organization completely separate from GippslandFarms.com.au. All map content and materials and associated information are the copyright of the owners of the map and who provide the mapping service and/or data.
GippslandFarms.com.au is not a pornographic website. Our website is purely for the sale of legal sex toys primarily for the enjoyment of consenting adults (>18 years of age), GippslandFarms.com.au will use its best endeavours to reject all what it considers being undesirable content before allowing this content to be published on the website. This covers various types of pornographic, hate-related, discriminatory and racist content and any other highly offensive and undesirable content as detected by and determined by GippslandFarms.com.au customer service with the exception of the products and services that are provided by GippslandFarms.com.au. Content is normally scrutinized by GippslandFarms.com.au customer service as part of the normal approval process prior to advertisements and/or listings being approved and then published on the website. An automatic filtering script that runs in the background attempts to detect any undesirable textual content; and if detected, alerts GippslandFarms.com.au customer service for analysis and subsequent removal from the website. This filtering mechanism may not detect and remove all textual content as it cannot be guaranteed to be 100% accurate or error free. GippslandFarms.com.au will therefore not be responsible for any pornographic or other undesirable and/or offensive material being displayed on the website and/or in your search results. This filtering script will only detect textual content that is written in the English language. It does not operate on any graphical (image or video) type content. Visual content by its very nature requires visual examination by GippslandFarms.com.au administration in order for it to be classified as acceptable or unacceptable. This is not guaranteed to be 100% accurate or error free. As customers and users of the GippslandFarms.com.au, it would be in your interest and would be appreciated by us if you could assist us by reporting and detected undesirable and/or prohibited content, abuses or behaviour/s on the website directly to GippslandFarms.com.au customer service as soon as possible.
GippslandFarms.com.au does not recommend any particular product and/or service in any way; nor does GippslandFarms.com.au warrant the honesty, integrity or professionalism of any of our registered customers. You as a user are responsible entirely for ensuring that the information, product and/or service offered meets with your complete approval and is appropriate for your requirements. GippslandFarms.com.au does not provide any warranty of any kind that the website and associated services are without any errors; nor that the use of any information contained within the website will be accessible at all times and without interruption. It is always possible that the website may contain errors, technical problems and inaccuracies, software errors and/or bugs and/or computer viruses. This also refers to the location and content of the displayed customer’s details. GippslandFarms.com.au and its employees, consultants, agents, contractors and other associated persons and/or entities will not make any representations about the accuracy or completeness or currency or suitability of the information, resources or links provided on the website; and that the general public’s access to the website will be uninterrupted or error free; and that the website or the web-servers that store and transmit the data to the user is free of computer viruses or any other harmful components.
GippslandFarms.com.au does not provide any warranty of any kind regarding security of the website and information contained within the website and on the server. Your use of this website is entirely at your own risk. GippslandFarms.com.au will not accept any responsibility for the use of our website and its business directory, listings and/or advertisements by any person/s and/or organization/s that may be engaged in any unlawful activities which include mass emailing, spamming, denial of service attacks or other similar activities. All users of the GippslandFarms.com.au website shall fully indemnify GippslandFarms.com.au and all of our associated businesses and entities, officers, employees, consultants, agents, associates and any other associated person/s or organization/s connected with GippslandFarms.com.au from any and all liabilities, damages, claims, demands, penalties and costs for any kind of loss or damage that may be caused in any way, shape or form either directly or indirectly by which you and/or any other person/s and/or organization/s may be responsible for. GippslandFarms.com.au does not guarantee that the use of our products and/or services will be successful for the customer. All information that is provided to users of this website is totally without any warranty of any kind, whether express or implied. Except as expressly provided in these Terms & Conditions, GippslandFarms.com.au and their officers, employees, consultants, agents, contractors and any other associated persons and/or entities exclude warranties whether express, implied, statutory or otherwise, relating in any way to the website or use of the website including information accessed at or via the GippslandFarms.com.au website or any associated website; and any liabilities (including for negligence) to the customer or anyone person/s and/or entity/ies in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss or corruption of data) arising from, or in connection with, any use of the information on, or accessed through, the website, or any place where customers data is displayed, and for any reason whatsoever. Where any statute implies any particular term into the customer’s use of, or any arrangement arising out of, the use of the GippslandFarms.com.au website and that statute prohibits exclusion of that term, then that term is included. However, to the extent permitted by the statute, GippslandFarms.com.au and their employees, consultants, agents and/or associated person/s and/or entity/ies, liability for any breach of such term is limited to the re-supply of the information or links or associated information and data.
Considerable care has been taken in designing and implementing the GippslandFarms.com.au website and its facilities that forms a major part of our products and services range. However, as a considerable amount of the website content is created using information provided by registered customers and a range of other sources, GippslandFarms.com.au does not warrant or represent that the website, directories and other sections are free from any errors or omissions, duplicate information or data, that the statements made by or attributed to a party are accurate, or that the published address of any party is the address at which a telephone call directed to that party is answered. Please contact us for any inaccuracies discovered.
Search Engines & Indexing
Within these Terms & Conditions and where the context permits:-
- A “person” includes a corporation or other entity.
- The singular includes the plural and visa-versa.
- Any reference one gender includes a reference to all genders.
- Any clause or terms headings do not affect the meaning of these clauses or headings to which they relate to.
- A month means a calendar month.
- A user means any person (client/s and public) accessing the website via the internet.
- “GippslandFarms.com.au”, “GippslandFarms.com.au.com.au” and “GippslandFarms.com.au.???.??” also refers to our parent company ComTech Pty Ltd trading as GippslandFarms.com.au and its related businesses, entities; and all of its directors, employees, consultants, agents, associates and all other associated person/s and/or entity/ies.
- “Client” means “Customer” which means the name of the person or party that has registered and therefore owns and operates the account.
- Term means the duration of the advertisement and/or listing as selected and paid for by the customer. The term commences from the date of activation.
- GST means Goods and Services Tax (Commonwealth of Australia).
- Our website/s refers to all GippslandFarms.com.au websites regardless of their extension type.