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Terms & Conditions
 
 
 


Welcome to web services provided by Equipmonster Pty Ltd (hereinafter referred to as "we", “services”, "Equipmonster” or “Equipmonster.com.au"). By accessing our web sites you ("you" or "User") agree to be bound by these terms and conditions, the Privacy Policy, the Refund Policy and the Advertising Rules, all of which form part of the agreement between you and us (“Agreement”). Please read them carefully.

 

1. General Provisions

 Equipmonster.com.au is an Internet based public marketplace that enables users to efficiently find, buy, sell and hire second hand or new equipment, machines or parts and other heavy machinery ("Used or New Equipment"). Equipmonster.com.au provides you with the leading manufacturers' and dealers' latest selections, machines from private or dealer sellers as well as useful supplementary services. Equipmonster.com.au acts as a link between potential buyers, sellers, lessors and lessees.

 

The principal purpose of these web sites is to display Used or New Equipment advertisements on the Internet. Any sale or lease agreement on any Used or New Equipment that has been advertised on www.equipmonster.com.au is made solely between the buyer and seller or lessor and lessee. Equipmonster.com.au is not a party to any such agreement. All information on a particular piece of Used or New Equipment ("Information") originates from the seller or lessor and not Equipmonster.com.au. Equipmonster.com.au is not responsible for and does not guarantee the performance or suitability to any particular purpose of any such piece of any Used or New Equipment.

 

The material that appears on the web sites is given for informational purposes only. Although we hope that all users of the web sites will act with diligence and follow good practice, we cannot verify the Information they supply. Before purchasing, leasing or selling a piece of Used or New Equipment or services you have read about on our web sites, you should confirm with the seller or lessor any Information (including the price) that is important to your purchasing or leasing decision, and inform yourself about the suitability of the equipment or service and the bona fides of the party you are transacting with. When buying or leasing a piece of Used or New equipment, please use your own judgement in the same way you would when buying or leasing similar items through a newspaper advertisement.

 

2. Registration

To obtain access to Equipmonster.com.au services, you are required to a) give your contact details and other personal information by filling in a registration form provided online and b) agree to be bound by this Agreement. Equipmonster.com.au retains the information you provided so that you may use the web site without having to re-enter your information and it will be kept and used in accordance with our Privacy Policy. Only persons capable of forming legally binding contracts under applicable law may register as a user of the web sites. Without limiting the foregoing, the services are not available to persons under 18 years of age.

 

By registering as a user you warrant that the disclosed personal information is true and accurate and that you will promptly update any changes to the information under “my Contact Details” settings on the site. Equimonster.com.au has the right to refuse any future use of the web site if it has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or if you do not follow the terms and conditions of this Agreement. Equipmonster.com.au may additionally resort to any available legal remedies.

 

As part of the registration process you are requested to select a user name and a password. It is your responsibility to preserve the confidentiality of the user name and password and notify Equipmonster.com.au by e-mail (info@equipmonster.com.au) of any known or suspected unauthorized use of the user name and password. Until receipt of such notification you are responsible for all use of the website using the user name and password.

 

3. Privacy

Equipmonster.com.au is committed to protecting the privacy of the users of its web site and uses all reasonable efforts to ensure that the retained data is protected against unauthorized access. The online safety of our site is important to us and we therefore, have successfully secured our site with Secure Sockets Layer (SSL). However, we cannot guarantee that   the information you supply won't be intercepted while being transmitted to us over the Internet. Equipmonster.com.au will not disclose your information to any third parties or your user information (e.g. user name and e-mail address) without your consent. Full details of our Privacy Policy are available by following the link at the bottom of this page.

 

4. Advertising

By inputting or sending your advertisement to Equipmonster.com.au, you request that the advertisement be published on our services. A valid contract is made between Equipmonster.com.au and the user once we have verified and accepted your advertisement copy. It is the seller’s responsibility to specify where each advertisement is to be published at Equipmonster.com.au, and/or in the seller’s own intranet/extranet service. Equipmonster.com.au reserves the right to reject or withdraw an advertisement at its discretion if it considers that an advertisement does not comply with the Advertising Rules, available by following the link at the bottom of the page or for any other reason.

 

Equipmonster.com.au will contact you by e-mail if your advertisement for some reason is not fit for publication. Equipmonster.com.au may deny access to the web site for users that do not act professionally or in accordance with good practice. The preconditions for publishing are evaluated individually for each advertisement.

 

Advertisements are individual and may contain only Information on one single piece of Used or New Equipment. It is your responsibility as the seller to give true and complete product information on the piece of Used or New Equipment and its condition as well as all other details that might be relevant for a potential buyer in accordance with applicable law, administrative statutes and good business practice. You agree to be bound by the guarantee, price and other information you have given on the advertisement.

 

You warrant that you will use your best endeavours to remove an advertisement from the web site(s) when the piece of Used or New Equipment has been sold or hired. You warrant that you will use your best endeavours to promptly answer all requests, messages and offers you receive as a result of the advertisement.

 

When you submit an advertisement to Equipmonster.com.au for publication, you agree that all intellectual property and ownership rights in the advertisement as it appears on the web site vest in Equipmonster.com.au.

 

You have the right to remove an advertisement you placed with Equipmonster.com.au for any reason at any time. For the avoidance of doubt, this does not in any way relate to or affect our Refund Policy.

 

Due to Equipmonster.com.au data indexing intervals and security measures, paid ads and their content are not instantly visible online on the Equipmonster.com.au public marketplace or the partner portals. The indexing intervals might vary due to server load. Ads by Equipmonster.com.au invoiced customers are usually online in a matter of hours.

 

Subject to your rights under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as outlined in clause 10 of this Agreement, if an accepted advertisement does not appear on the web site within a reasonable time you shall be entitled to a refund of the advertisement price unless the omission is caused by unforeseen circumstances beyond our reasonable control or because of your breach of this Agreement. Subject to clause 10, our liability for breach of contract or negligence shall not exceed an amount equal to the price of the advertisement.

 

We cannot guarantee continuous, uninterrupted or secure access to our services, and operation of the website may be interfered with by numerous factors outside our control. To the extent permitted by applicable laws, if we experience any unscheduled maintenance or technical issues which prevent users from viewing and listing advertisements on Equipmonster.com.au for:

 

(a)      up to and including two hours and your listing expires during the downtime or within an hour after the downtime, we will credit your account with a portion of your advertising fees, determined by the proportion of the downtime (in hours) to the overall duration of your advertisement (in hours); or

 

(b)      more than two hours and your listing expires during the downtime or within an hour after the downtime, the duration of your listing will be extended by a time equivalent to the downtime after the resumption of Equipmonster services (up to a maximum of a 24 hour extension), and credit your account with a portion of your advertising fees, determined by the proportion of the downtime (in hours) to the overall duration of your advertisement (in hours) (up to a maximum amount of the original advertising fee paid).

 

5. Prices and Terms of Payment

You may register as a user of the web site(s), read advertisements, contact the seller, place purchase offers and Want ads free of charge.

 

Placing an individual advertisement on Equipmonster.com.au site is subject to charge as specified in a price list that is valid at the time. A link to the current Equipmonster.com.au fees and price list is available below. By submitting an advertisement on Equipmonster.com.au, you warrant that you have read and understood our price list and agree that the price list and fee structure applies to your advertisement with Equipmonster.com.au.

 

Link to Sell - https://www.equipmonster.com.au/package/sell

Link to Hire - https://www.equipmonster.com.au/package/hire

 

Equipmonster.com.au shows all prices in Australian Dollar (AU$) and all prices listed are inclusive of GST. Equipmonster.com.au only accepts payments in Australian Dollars (AU$) and payments for advertisements are made through secure online credit cards (Visa & Master Card). No advertisement will be published before due payments have been made. Contract customers that advertise their Used or New equipment at a regular monthly basis, are invoiced for the services in use.

 

6. Delivery Policy

Equipmonster.com.au offers a marketplace for buyers and sellers to meet and trade their machines or equipment online successfully. Equipmonster.com.au is only a “service provider” and does not store and deliver any of the listed physical products on our website. We charge a fee for the sellers for using our site to promote their products. All products seen on the website are all from third parties and these products may be of any size, type and shape are bound to their own terms and conditions. Equipmonster.com.au does not deliver these products. The buyers need to get in touch with the advertiser to make a purchase and procure delivery.

 

If goods and services are offered or delivered on or through our website “equipmonster.com.au” by third parties to this Agreement:

 

·        Machine or equipment prices may not include government and statutory charges;

 

·        You are responsible for all relevant searches including, any written off machines or equipment register or register of security interests;

 

·        Equipmonster.com.au does not act as any person’s agent or broker, arrange any contract between you and any person or, provide any warranty in relation to any person’s goods or services; Equipmonster.com.au will not be responsible for the terms of any transaction between you and any person any goods or services purchased by you from any person or resolving any dispute between you and any person.

 

7. Product Information

 Equipmonster.com.au draws your attention to the fact that all information advertised in the web sites originates entirely from the seller of such Used or New Equipment. The seller alone has evaluated and given his opinions on the condition of this piece of Equipment. The evaluation is therefore not made by any impartial third party and Equipmonster.com.au does not take any responsibility for the truthfulness or accuracy of such evaluation.

 

8. Intellectual Property Rights

 All intellectual property rights in the content such as text, graphics, software and other material of the web site as well as the arrangement and compilation of such content are the property of Equipmonster.com.au (apart from third party content) and protected by Australian laws. All use including distribution, publication, reproduction, display or other exploitation of the content on the web site is strictly prohibited unless expressly authorised in writing by us.

 

9. Breach

 Without limiting other remedies available to Equipmonster.com.au available at law, in equity or under this Agreement, we may, in our sole discretion immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration and refuse to provide the services to you if:

 

(a)      you breach this Agreement or any of the terms and policies incorporated by reference;

(b)      we are unable to verify or authenticate any Information you provide to us;

(c)      we believe that your actions may cause legal liability for you, other users or us.

 

10. Warranty

 The contents of the site is provided "as is" and "as available". No warranty or condition, either express or implied, is made in relation to the accuracy, reliability or contents of the site. To the maximum extent permitted by law, we and our providers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

 

We do not warrant that the site or the servers that provide it are free of errors, viruses or other harmful components. We reserve the right to alter the site or withdraw access to it at our sole discretion.

 

Within the web site you may find links or references to third party materials and websites. While we encourage you to consult such websites, we provide no warranty whatsoever in relation to material created or published by such sites and the presence of such links does not indicate approval or endorsement of any material or product information contained on any linked site.

 

To the extent that Equipmonster.com.au and all affiliates and related entities are able to limit the remedies available under this Agreement, and subject to Clause 10 of this Agreement, Equipmonster.com.au and all affiliates and related entities expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following:

 

(a) in the case of goods, any one or more of the following:

(i)  the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)   the payment of the cost of having the goods repaired; and

 

(b) in the case of services:

(i)  the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

 

To make a claim pursuant to your rights under any Implied Terms, including but not limited to in relation to any warranties against defects, please contact us by following the link titled “Contact” at the bottom of this page. You must specify the particulars of the claim and any alleged defect in the advertisement and how you would like Equipmonster.com.au to remedy the claim. You will bear all expenses associated with making a claim pursuant to your rights under any Implied Terms. 

 

11. Limitation of liability

Subject to Equipmonster.com.au’s obligations with respect to any term, condition, warranty, right or remedy, implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include the Competition and Consumer Act 2010 (Cth) and corresponding Australian state or territory legislation, which contain provisions including implied conditions and warranties which operate to protect the purchasers of goods and services in various circumstances (Implied Terms), to the maximum extent permitted by law, our maximum aggregate liability for any claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent (Claims), under or relating to this site, the services or this Agreement, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on breach or on any other basis, is limited to amount paid to us for the User’s advertisement on the website.

 

Subject to our obligations with respect to Implied Terms, and to the maximum extent permitted by law, Equipmonster.com.au is not liable for (under any circumstances):

(a) special, indirect, consequential, incidental or punitive damages; or

(b) damages for loss of profits, revenue, goodwill, bargain, anticipated savings or loss, personal injury, death, the costs arising from the loss of use of the website services and any goods obtained by the user through the use of the website and the costs of any substitute website services which you obtain.

 

In no event will Equipmonster.com.au be liable for:

(a) any loss or damage which the user suffers arising from, or caused or contributed to by, Equipmonster.com.au’s negligence or the negligence of its agents or servants; or

(b) special, indirect or consequential loss or damage as a result of a breach by us of this Agreement, including, without limitation, loss of profits or revenue, personal injury, death, the costs arising from the loss of use of the website services and any goods obtained by the user through the use of the website and the costs of any substitute services which the user obtains.

 

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. For the avoidance of doubt, the use of the word “goods” in this paragraph refers to the advertising services being provided by Equipmonster.com.au and does not refer to goods advertised on Equipmonster.com.au and acquired from third parties.

 

12. Indemnity

To the maximum extent permitted by law, the user indemnifies and agrees to hold Equipmonster.com.au, its officers and employees (Those Indemnified) harmless against and from all Claims which may arise as a result of or in connection with the user’s use of the website, our services or this Agreement, including but not limited to your breach of this Agreement, your negligence, any untrue, false or misleading information or statement disclosed in an advertisement listed with your account. Equipmonster.com.au holds the benefit of this indemnity on trust for Those Indemnified and Those Indemnified will be entitled to rely on the indemnity and have the user pay for all costs (including but not limited to legal costs on a solicitor and own client or indemnity basis) prior to Those Indemnified having incurred and paid such costs.

 

13. Availability

Equipmonster.com.au may at any time delete, modify or supplement the content of the web site without prior notice. We reserve the right to terminate, change, suspend or discontinue any aspect of the web site in whole or in part at our sole discretion. The web site may be temporarily unavailable for maintenance or other reasons.

 

14. Amendments to Agreement

Internet is an evolving medium. Equipmonster.com.au may change the terms of this Agreement from time to time in which case we will post the revised terms on the web site. Except as stated below, all amended terms shall automatically be effective after they are initially posted on our website. If you do not agree with such changes, you must terminate your subscription to Equipmonster.com.au. By continuing to use this service following such changes you agree to be bound by the amended Agreement. This Agreement may not otherwise be amended except in writing, signed by you and Equipmonster.com.au.

 

15. Special Note for Parents

This Website you are visiting is a general audience website and was not designed for children. We are not responsible for any access or use of this Website by children. (By way of example, this Website is not intended to sell products for purchase by children.) If you are under 18, you may use our Website only with the involvement of a parent or guardian.

 

16. Feedback

If you have any comments or improvement suggestions regarding the web site, please forward your comments and/or a copy of the material you believe to be inaccurate to the address (info@equipmonster.com.au) along with an explanation of your objection or suggestion.

 

17. Invalidity of Provisions

 If any provision or provisions of this Agreement shall be held to unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law.

 

18. Force Majeure

 A party may delay performance of an obligation under this Agreement if it cannot perform the obligation because of an event that is beyond its reasonable control and was not reasonably foreseeable when the Agreement was made and which results in that party being unable to perform an obligation of this agreement on time or at all, and includes but is not limited to acts of God, lightning strikes, earthquakes, floods, storms, telecommunications failure, explosions, fires and any other natural disasters, acts of war, acts of public enemies, terrorism, riots, civil commotion and sabotage; and strikes or other industrial action or disputes not involving employees, members or participants of the party seeking to rely on the force majeure event.

 

19. Term and Termination

This Agreement comes into effect when you register and accept the terms and conditions and they are in force until further notice. Equipmonster.com.au may at any time and at its sole discretion deny access to the web site from a User for any reason.

 

20. Headings

The headings of the clauses in this Agreement shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof.

 

 

21. Governing Law and Jurisdiction

This Agreement and the relationship between the user and Equipmonster.com.au shall be governed by and interpreted in accordance with the laws of Australia excluding its rules for choice of law. All disputes that cannot be solved amicably shall be finally settled by court of law.


 
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