Terms & Conditions

Collection of Personal Information

1. Online store terms

You must only use the Website in accordance with these Terms and Conditions and any applicable law. This Website also contains links to other websites on the Internet owned and operated by third parties who are not under our control or management (“Linked Sites”).

You must not misuse this Website. Accordingly, through your access or use of the Website, you will not:

• commit or encourage a criminal offense;
• undertake any fraudulent, abusive, or illegal activity;
• transmit or distribute a virus, trojan, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene;
• hack into any aspect of the Website;
• 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;
• manipulate, reproduce, distribute, or 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
• “frame” any of the material on the Website with other material on any other website.

The above are unlawful in any jurisdiction and are expressly prohibited by these Terms and Conditions.

Breaching this provision would constitute a criminal offense. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

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.

Access and use of our Website or an Account are permitted temporarily, and we reserve the right to withdraw, restrict, or amend your access to the Website or an Account. We may terminate, deactivate, or modify your access to an Account at any time and for any reason in our absolute discretion without giving any explanation or justification. We have no liability for any costs, losses, or damages of any kind arising as a consequence of terminating access to the Website or an Account.

We do not warrant, guarantee, or make any representation that:

• The website or the server that makes the Website available on the internet is free of software viruses;
• the functions contained in any software contained on the Website or that provide your Account will operate uninterrupted or are error-free; and
• errors and defects on the Website or on your Account will be corrected.

We are not liable to you for:

• errors or omissions on the Website, your Account, or any other Linked Sites;
• delays to, interruptions of, or cessation of the services provided on the Website, your Account, or Linked Sites; and
• defamatory, offensive, or illegal conduct of any user of the Website or Account, whether caused through our negligence or the negligence of our employees, independent contractors, or agents, or through any other cause.

You agree to indemnify us, defend, and hold us harmless, including our directors, officers, employees, consultants, agents, and affiliates, from all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees on an indemnity basis) arising from your use (or misuse) of the Website, your Account or your breach of the Terms and Conditions.

You must be at least eighteen (18) years of age and have the capacity to enter into a legally 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 involvement and consent of a parent or guardian.

2. Use of website by sellers

LocalAg operates the Website which allows Sellers to create Listings to sell their Goods or Services and transact directly with Consumers. As a result, LocalAg is not a party to any Transaction between the Consumer and the Seller that occurs via LocalAg. In addition, LocalAg does not control the Content or accuracy of any Listing or the quality, shipping, delivery, or returns of any Goods or Services provided by a Seller using the Website.

Any Seller that is a related party of LocalAg will disclose this in their Listing on the Website and the related party Seller will comply with all Terms and Conditions as if it was a third-party Seller.

Without limiting any other provision of these Terms and Conditions, the following additional terms apply to the use and access of the Website by Sellers:

• The Seller represents and warrants that where the Listing is for Goods, that:
  • they are the sole beneficial owner of the Goods listed, with title lawfully obtained, free from any security interest, finance, or other encumbrance; and
  • they will only create a Listing that 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.
• If product details or product quality changes you must update your Listing and advise LocalAg.
• The Seller acknowledges and agrees that Consumers have rights under the Consumer Laws. This includes that the Goods are of acceptable quality, match the description, and are fit for the purpose intended. The Seller must have regard to these guarantees when describing the quality, condition, functions, and setting the price of the Goods, and must not attempt to exclude, restrict, or modify any guarantees that are applicable under the Consumer Laws in relation to the Goods.
• The Seller represents and warrants that where the Listing is for Services, that:
  • they have the appropriate skills, qualifications, and experience necessary to perform the Services described in the Listing and communicated to the Consumer;
  • they are or intend to be the sole provider of the Services and are capable of providing the Services in accordance with the terms of their Listing; and
  • they are responsible for complying with work health and safety procedures when performing the Services, including ensuring that they hold worker’s compensation insurance, professional indemnity insurance, and personal liability insurance as applicable to the Services.
• 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 LocalAg;
• When the Seller provides the Services to the Consumer, it must ensure that the Services:
  • are of an acceptable standard required to the nature of the Services as described by the Seller;
  • are performed with due care and skills and in a work-man-like manner or as described in the Listing; and
  • meet all representations made to the Consumer on the Listing or through a communication exchange.
• You agree that, to the maximum extent permitted by law, LocalAg is not responsible for a Transaction that occurs between the Seller and the Consumer, nor is LocalAg responsible for any of the Seller’s Goods or Services.
• The Seller may impose their own terms and conditions in relation to the Listing of their Goods or Services. Unless expressly permitted by LocalAg in writing, LocalAg will not be a party to any agreement or additional terms that apply between a Seller and a Consumer.
• The Seller must advise the Consumer of any applicable policy for cancellations, returns (including repairs and replacements), and refunds that will apply to any Transaction between the Seller and the Consumer via LocalAg. The collection, use, and disclosure of the Consumer’s personal information may also be subject to the Seller’s discretion.
• The Seller’s applicable policy for shipping and delivery of Goods or Services will apply to any Transaction between the Consumer and the Seller via LocalAg.
• When an Order is placed by a Consumer through the Website for a Seller’s Goods or Services, LocalAg will send the Order to the Seller for the Seller’s confirmation as set out in clause 6. It is the Seller’s responsibility to update stock levels on the Website and confirm or reject an Order by a Consumer at its discretion.
• The Seller should not dispatch any Goods or Services until all Payments have been received by LocalAg.
• We shall not be liable to you or any Seller, User, or Account holder for any modification, price change, suspension, or discontinuance of the Website or any functions or tools on the Website.

3. Use of website by consumers

Without limiting any other provision of these Terms and Conditions, the following additional terms apply to the use and access of the Website by Consumers:

• Consumers will ensure that they read any Listing in full and contact the Seller directly if they have any concerns or queries in relation to the Goods or Services prior to placing an Order or entering into a Transaction.
• LocalAg is a Website for Consumers to Order Goods and Services from Sellers and you agree that, to the maximum extent permitted by law, LocalAg is not responsible for the Transaction that occurs between a Seller and a Consumer, nor is LocalAg responsible for any of the Sellers Goods or Services.
• All information about Goods or Services in a Listing on LocalAg (including without limitation all product descriptions, images, specifications, pricing information) is provided by the Seller. Except as required by law, LocalAg is not responsible for any inaccuracies, misstatements, or errors in the information on a Listing. You agree to make your own inquiries to verify the information provided and to assess the suitability of Goods or Services before you place an Order for the Goods or Services through the Website.
• A Listing in LocalAg will contain the relevant Seller’s details. When you place an Order through the Website, you acknowledge and agree that the Seller may impose their own terms and conditions in relation to the supply of their Goods or Services. Unless expressly permitted by LocalAg in writing, LocalAg will not be a party to any agreement or additional terms that apply between a Consumer and a Seller.
• The Seller’s applicable policy for cancellations, returns (including repairs and replacements), and refunds will apply to any Transaction between the Consumer and the Seller through the Website or the Communication Services. The collection, use, and disclosure of a Consumer’s personal information may also be subject to the Seller’s discretion. Before purchasing Goods or Services through the Website, you should carefully check the Seller’s cancellation, return, and refund policy.
• The Seller’s applicable policy for shipping and delivery of Goods or Services will apply to any Transaction between a Consumer and a Seller. Before completing your Order, you should confirm that you have agreed on the shipping or delivery method and cost and that this has been added to your Order.
• 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 in the Consumer in the Order. LocalAg will send the Order to the Seller for confirmation. On occasion, a Seller may reject a Consumer’s Order at 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. LocalAg 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.
• We shall not be liable to you or to any Seller, User, or Account holder for any modification, price change, suspension, or discontinuance of the Website or any functions or tools on the Website.

4. Your account

To access and use some features and functionality of the Website, you are required to register a user Account with us. When you register an Account, you must provide us with accurate, honest, and current personal information, including your name, date of birth, email address, and billing address. You must not register and create more than one (1) Account.

We, in our absolute discretion, may choose to accept you as a registered user of an Account within the Website and provide you with an Account.

If you wish to buy Goods or Services or make a Listing using an Account, you must be at least eighteen years of age and have the capacity to enter into a legally binding agreement.

Due to the nature of the Goods and Services listed on the Website, no Order or Listing of Goods or Services shall be made by a person under eighteen years of age, and 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 or limit an Account where we suspect that it is operated by a person under the age of eighteen years.

You agree that you are solely responsible for:

• all activity that occurs on your Account whether the activity has been authorised by you or not, which includes any listings made using your Account or Orders made for Goods or Services using your Account;
• all legal or other consequences of uploading, publishing, or disseminating your Account information;
• maintaining the confidentiality and security of your Account password and information; and
• storing your payment methods to your Account for any Transactions.

You must keep your username and password to access your Account secure and confidential and not provide those details to any third party. You accept all liability relating to unauthorised use of any username and password issued to you which is due to no fault of LocalAg. We are not responsible for any unauthorised activity on your Account, including keeping your Account password and login information secure and confidential.

You must not use another person’s Account without our and/or the other person’s express permission.

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

Listings that fall outside the listing rules contained in this clause may be removed from the Website at LocalAg’s discretion.

Each User and Account holder is solely responsible for all information that is submitted to LocalAg and any consequences that may result from a Listing.

We reserve the right at our discretion to refuse or delete Content that we believe is inappropriate or breaching our Terms and Conditions. We also reserve the right at our discretion to restrict a User’s or Account holder’s usage of the Website either temporarily or permanently, or refuse a User’s registration or an Account, if they do not abide by our policies which include our Privacy Policy, these Listing terms and any Listing Policy of LocalAg created from time to time and these Terms and Conditions.

All Sellers who make a Listing must ensure that:

• the Goods you wish to list you are genuinely able to provide;
• that the Goods in the Listing are currently in your possession and that you are the owner of those Goods;
• that you are able to give, exchange, or provide that Goods to a Consumer;
• any third-party quality assurance or grading certificate and the recognised source who provided the quality assurance or grading certificate can be displayed on your Listing;
• any Goods of different quality attributes are to be included in separate Listings with clear descriptions of the different quality attributes of those Goods;
• when you post your Listing, it is your responsibility to keep your personal details and product details up to date, including but not limited to the number of units of Goods, price per unit, product location, contact number, email, etc;
• no Listing shall include multiple or mixed Goods unless the price is for all of the products contained in that Listing and this is clearly described in the Listing;
• the Goods or Services included in the Listing may exclude delivery, government, and/ or statutory charges, please make it clear whether or not these are included or excluded in your Listing; and
• you are responsible for ensuring that the details included in your Listing are accurate and correct at the time of posting the Listing and LocalAg accepts no responsibility for inaccurate or incorrect Listings or details in Listings.

The LocalAg team will review and vet all Listings at our discretion. All Users and Account holders acknowledge and agree that:

• LocalAg reserves the right to not accept a Listing for:
  • certain types/grades of Goods;
  • for certain types of Services; and
  • for any Goods or Services which LocalAg determines in their sole discretion that they do not want included as a Listing on their Website.
• LocalAg makes available on (or via) the Website, Listings which are provided as general information only.
• no Listing is not intended as professional, expert, or other advice and it is not a substitute for such advice you agree that you will not rely on any of the information contained in a Listing and will make your own enquiries and seek your own advice.
• a Listing might not be appropriate, correct, or sufficient for your circumstances.
• you should not rely on the Listing as the only reason you do or don’t do anything.
• a Listing may not be continually available.
• a Listing may include links to third party websites that are outside of our control to monitor or review and may not be free from viruses, trojans, or other harmful Content or potential issues and you should use your own discretion prior to clinking on any links included in a Listing.
• you are responsible for making all relevant searches, enquiries, and investigations in relation to the Goods and Services included in a Listing, for example, searching any written off vehicle register.
• LocalAg will not be responsible for:
  • the terms of any Transaction between a Consumer, Seller, Account holder or User, or any other person;
  • any Goods or Services Ordered by a Consumer or sold by a Seller; or
  • resolving any dispute between a Consumer, Seller, Account holder, or User and any other person.
• LocalAg may include functions on the Website which sort or categorises Listings based on the information supplied by the Seller in a Listing. This information relies upon the accuracy, details, and information included in a Listing made by a Seller and LocalAg does not provide any warranty or representation in relation to the accuracy, or details included in this function, and this is used by Account holders, Users and Consumers at their risk and discretion; and
• LocalAg requests that all Sellers check the information included in their Listings for accuracy. However, Users, Account holders, and Consumers should not rely on the accuracy of information within a Listing and should check with the Seller directly that all information contained in a Listing is accurate before entering into a Transaction.

6. Order Process

An Order will be considered placed by a Consumer when full Payment is made through our Website for a Good or Service to be provided by a Seller and the Payment has been received in full by LocalAg or a Third-party Payment Service. If Payment is not received in full or is declined for any reason, including where fraud is suspected, a Consumer’s Order will be cancelled and a refund will be provided in accordance with clause 6.6.

Once the Payment has been received, LocalAg will notify the Seller of the Consumer’s Order, and the Seller must advise LocalAg within three (3) Business Days whether it accepts the Order or rejects the Order.

Upon receiving confirmation that the Seller accepts the Order, the Consumer and Seller will have entered into the Transaction.

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 LocalAg will have no involvement in the release of the Final Payment; or
• to LocalAg directly, LocalAg will arrange for the Final Payment to be provided to the Seller once the Order has been confirmed. LocalAg will have no further involvement with the Order after the Final Payment has been paid to the Seller and the Transaction has been established.

An Order will be cancelled if the Seller rejects the Order made by the Consumer within three (3) Business Days after the Order has been placed.

If an Order is cancelled in accordance with this clause, LocalAg 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 will be responsible for any fees or charges of the third-party payment service for them to arrange the refund of the Final Payment.

In the event that an Order is cancelled, we may attempt to notify a Consumer by contacting the e-mail, billing address, or phone number provided in their Account or notified at the time the Order was made.

Delivery and Shipping

All Transactions entered into between a Consumer and Seller are subject to the individual terms and conditions agreed between the parties in relation to delivery, shipping, and returns and LocalAg is not a party to that Transaction.

LocalAg strongly encourages Consumers to do the following:

• check with a Seller what their delivery, shipping, and returns policy prior to entering into a Transaction.
• ask the Seller what the delivery and/or shipping costs are and whether a third-party carrier will be used for the delivery and/or shipping of the Goods 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 expended date on when the Goods or Services will be delivered or received by the Seller; and
• advised the Seller as soon as possible once the Goods or Services have been received whether there is any fault, major fault, defect, issue or if the Goods or Services are not of acceptable quality or do not meet the description within the Listing or as agreed in the Transaction.

LocalAg strongly encourages Sellers to do the following:

• advise Consumer of the costs of delivery and shipping as well as their returns policy on the Listing itself, or immediately upon the Consumer requesting to enter into a Transaction.
• advise the third-party carrier or service that will be used to facilitate the delivery or shipping of the Goods to the Consumer.
• where possible, use registered or tracked postage to ship or deliver Goods to Consumers and provide the Consumer with the tracking number once lodged or posted.
• advise when the Services will be carried out by the Seller.
• advise Consumers of when the period of time that the Consumer can return the Goods and of any warranty period or manufacturer’s warranty that applied to the Goods; and
• advise Consumers of the terms of any warranty period for the Services.

LocalAg does not provide any warranties, representation, or liability in relation to the delivery, shipping, or returns policies agreed between a Seller and Consumer or in relation to any Transaction, and a Seller or Consumer must negotiate and resolve any dispute amongst themselves.

8. Accuracy of Billing and Account Information

All Listings for Goods or Services and any delivery or shipping charges which are shown on the Website are in Australian dollars.

You agree to provide current, complete, and accurate Order and account information for any Account created for our Website. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, included on an Account.

9. Our Fees and Charges

LocalAg does not currently charge any fees for a Listing or for registering an Account.  See more on our Fees and Charges page here.

LocalAg charges an Order Fee to Consumers when an Order is placed through the Website. Our current Order Fee details for Consumers is available here and will be notified to Consumer prior to making the Payment.

LocalAg also charges an Order Fee to Sellers which is retained by LocalAg prior to the Final Payment being provided to the Seller. Our current Order Fee details for Sellers is available here and will be notified to Seller’s prior to confirming an Order.

You acknowledge and agree that LocalAg may include Third-party Payment Services on the Website for Consumers to make the Payment. If this occurs, the terms and conditions of the Third-party Payment Service will apply to the Transaction and the Consumer will be asked to agree to those terms and conditions before proceeding with Payment.

Once an Order has been confirmed, a tax invoice will be generated and sent to the email address notified by the Consumer and the Seller at the time that the Order was placed. The tax invoice will be itemised and include the full cost for the Goods or Services and the Order Fee.

Levies on Grain and Cattle

LocalAg operates solely as a marketplace facilitating transactions between buyers and sellers. LocalAg does not collect or distribute any levies associated with the sale of grain, cattle, or other agricultural products.

It is the responsibility of buyers and sellers to ensure compliance with any applicable laws or regulations regarding levies in their respective transactions. LocalAg is not required to collect, hold, or remit levies on behalf of either party.

If you have any questions or concerns regarding levies, we recommend seeking independent advice or contacting the appropriate regulatory authority for further information.

10. Accuracy, Completeness and Timeliness of Information on Website

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.

The information, Content, and Listings contained on this Website is general information only. We are not responsible if information made available on the Website is not accurate, complete, or current. Accordingly, various aspects of the information and Content displayed on the Website, including the displayed functions, tools, or Listings and the Website itself, may have changed or may change in the future.

The 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 the Website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

11. Optional Tools and Software

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.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the 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 third-party providers.

Any software, including HTML code, which is made available to download from the LocalAg Website (“Software”) is owned by LocalAg and/or its Sellers.

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.

If there is no Licence Agreement, LocalAg grants you a personal, non-transferable license to use the Software for viewing and otherwise using the LocalAg in accordance with these Terms, 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

sub-license, rent, lease, lend, or grant to any person any rights to use the Software other than as set out in this paragraph.

12. Third-party Links

In relation to the Linked Sites on our 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.

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.

This website provides links to Linked Sites. These external websites are outside our control. It is the responsibility of Users to make their 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.

LocalAg is not endorsing any provider of Goods or Services by facilitating access to information about these providers from the Website, nor does it accept responsibility for the quality of Goods and Services provided by third parties accessed through the Website.

13. Privacy And Your Information

Your submission of personal information through the Website, Communication Services, a Listing, by creating an Account is governed by our privacy policy. Follow this link to view our Privacy Policy.

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.

We and any people or legal entities authorised by us may gather and process the personal information:

• which you may provide when accessing the Website or creating an Account, such as your name, address, email address, and other personal information about you; and
• regarding how you use the Website, including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.

We may authorise others to offer you goods and services using the information that we have collected.

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.

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).

Our website does not necessarily use encryption or other technologies to ensure the secure transmission of information via the Internet. Anyone using our Website is encouraged to exercise care in sending personal information via the Internet.

14. Errors, Inaccuracies and Omissions

Occasionally there may be information on our 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 our Website. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend, or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website has been modified or updated.

15. Copyright and Intellectual Property

The Intellectual Property Rights in all software and content (including photographic images, specifications, and design of the Goods) 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.

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.

Some of the products and company names mentioned on the Website may be the trademarks of third-party owners. Nothing displayed on the 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.

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.

You may not modify or copy:

• the layout of the Website; or
• any computer software and code contained on the Website.

We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the 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.

You may link to our 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 this Website other than the home page. We reserve the right to withdraw linking permission without notice.

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.

In consideration of LocalAg allowing you to access and use the Website, you grant to LocalAg 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 the Website for such purposes as LocalAg reasonably determines from time to time (subject to LocalAg 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.

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

LocalAg may provide Users or Account holders with the ability to communicate with LocalAg, Sellers, Consumers, third-party advertisers, Linked Sites, and other users of the LocalAg through Communication Services.

Unless stated otherwise, please assume that Communications Services are public and not private communications, and you agree to LocalAg using, publishing, or collecting records of your communications through the Communication Services. LocalAg may collect, store, record, or scan communications through the Communication Services, however you should not rely on us doing so.

Use of the Communications Services is provided to Users and Account holders on the condition that you do not:

• transmit any information or material which is incorrect, misleading, or deceptive;
• transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent, or unlawful information or any material reasonably deemed by LocalAg to be inappropriate;
• transmit spam, chain letters, contests, junk mail, surveys, or other mass messaging;
• use the Communications Services for any unlawful purpose;
• post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights;
• upload files that contain viruses, corrupted files, worms, defects, or any other similar software or programs that may damage the operation of another user’s computer or damage any of the LocalAg (infrastructure or content);
• delete any author attributions, legal notices, proprietary designations, or labels in any file that is uploaded;
• advertise or offer to sell any Goods or Services other than as reasonably approved in writing by LocalAg or that is published on the Website through a Listing;
• download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these Terms and Conditions;
• excessively use the Communications Services in a manner which may hinder or prevent LocalAg from providing services to any other person or which may threaten the integrity or use by any person of the LocalAg team; or
• authorise, aid, abet, encourage, or incite any person to do any of the above acts.

Where a User or Account holder breaches any of the requirements for use of the Communication Services in clause 17.3 above, LocalAg may, acting reasonably:

• limit or restrict that User’s access to their Account for such period as LocalAg determines reasonable;
• suspend or terminate an Account indefinitely;
• report the User or Account holder to the relevant law enforcement authorities and disclose your identity to them;
• delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services;
• suspend or terminate access by a User to the Communication Services; or
• do any other things that LocalAg considers reasonable or necessary to prevent the breach or further breach of the requirements for use of the Communication Services.

We may, but have no obligation to, monitor, edit, or remove Content on the Website or through Communication Services that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments or opinions provided through any Communication Services will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

We are and shall be under no obligation, other than in accordance with our Privacy Policy to:

• maintain your confidence or privacy in the Communication Services;
• pay compensation for material provided through Communication Services; or
• respond to any comments or communications through the Communication Services.

Where LocalAg allows a User or Account holder to use the Website to email a friend and you provide an email address for this purpose, you warrant that the person to whom the email is addressed has consented to the email being sent.

17. Disclaimer Of Warranties

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Website is provided without any guarantees, conditions, or warranties as to its accuracy.

We do not guarantee, represent, or warrant that your use of our service, Website, or Communications Services will be uninterrupted, timely, secure error-free, or accurate.

While care has been taken to ensure that information contained on the Website is true and correct at the time of publication, changes in circumstances after the time of publication may impact the accuracy of this information. LocalAg gives no warranty or assurance and makes no representation as to the accuracy of any information or advice contained on the Website, or that is suitable for your intended use.

You agree that from time to time we may remove the Website, functions on the Website limit or restrict Accounts for indefinite periods of time or cancel access or use of the Website at any time, without notice to you.

We may make the 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 the 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.

All images, videos, renders, or instructions on the 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 the Website.

To the extent permitted by law, we disclaim all liability for any inaccuracy or errors in the information provided on the Website, information generated through the 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 the Website or in Communication Services.

18. Australia Consumer Law and Limitation of Liability

We do not provide any guarantees to any Consumers, Users, or Account holders in relation to the Goods or Services provided by Sellers.

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 acceptable quality and the failure does not amount to a major failure, the Consumer may have rights and remedies available under the Australia Consumer Law against the Seller.

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.

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 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.

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 the responsibility of LocalAg and that LocalAg has no obligations, responsibility, liability to remedy, repair, replace or refund the Goods or Services provided by the Seller.

In all other respects, our total liability for loss or damage of every kind, whether:

• arising pursuant to the Terms and Conditions;
• from the use by a User of the Website;
• from a Listing on the Website;
• from an Account holder; or
• arising in any other way out of or in relation to the supply of Goods or Services, a Transaction, a Listing, delivery of Goods or Services, and whether in tort or contract or in any other cause of action,

is limited to a total aggregate amount equivalent to the sum paid by a Consumer, Seller, User or Account holder to LocalAg for the use of the Website or Account.

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.

You expressly agree that your use of, or inability to use, the Website or Account is at your sole risk. The Website, a Listing, your Account and all Goods or Services Seller through the use of the 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.

We have no liability to the extent that our performance or your access to or use of the Website or an Account is prevented by Force Majeure.

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 the 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 the Website or any Linked Sites.

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.

LocalAg disclaims 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 the Website, Linked Sites or on an Account being inaccurate or incomplete in any way, and for any reason.

Each User waives and releases LocalAg and its agents, employees, 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 the Website. Subject to any terms implied by law, which cannot be excluded, in no event shall LocalAg be liable for any losses or damages, including incidental or consequential damages, resulting from the use of the material.

19. Indemnification

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.

You agree to indemnify, defend and hold harmless LocalAg and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, Sellers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ 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.

The Consumer indemnifies and keeps indemnified LocalAg, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Consumer, the Seller, a User or Account holder) against LocalAg in connection with any Loss caused directly or indirectly by LocalAg arising from or incidental to the use of the 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, the Website, Goods or Services, or otherwise arising out of the provision of an the Website, an Account, a Listing or Goods or Services, whether based on negligence, strict liability or otherwise, even if the LocalAg has been advised of the possibility of damages.

Any advice, recommendation, information, assistance or service given by LocalAg in relation to the 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 or accuracy, appropriateness or reliability. LocalAg does not accept any liability or responsibility for any Loss suffered as a result of the Consumer’s reliance on such advice, recommendation, information, assistance or service.

General

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.

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. Alternatively, you agree that the clause 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.

Waiver: Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by us. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Entire Agreement: These Terms and Conditions and any policies or operating rules posted by us on the Website constitutes the entire agreement and understanding between you and us and governs your use of the 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).

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 Toowoomba, 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.

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.

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 our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Definitions

In these Terms and Conditions, the following terms are defined as follows:

• Account: means your individual profile on the Website, and all associated Content;
• 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, AL 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: means any User who uses the Website to Order Goods or services;
• Content: means all Listings, data, text, messages and other material that you share through the Website or otherwise with us or another User;
• Final Payment: means the portion of the Payment that is provided by LocalAg or the Third-party Payment Service to the Consumer or Seller as applicable for the Goods or Services (less the Order 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, 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 the Website;
• Intellectual Property Rights: means intellectual property rights at any time protected by statute or common law, including copyright, trademarks, patents and registered designs;
• Listing: means any post or advertisement included on the Website by a Seller offering to provide Goods or services;
• Loss: includes, but is not limited to, costs (including part to party legal costs and the LocalAg’s legal costs), expenses, lost profits, award of damages, personal injury or death, and property damage;
• Order: is an offer to treat made by the Consumer for a Good or Service included in a Listing by a Seller on the Website;
• Order Fee: means the fees charged by LocalAg when a Consumer places an Order or when a Seller accepts an Order which can be found here;
• Payment: means the amount paid by a Consumer through the Website for the Goods or Service which includes the Order Fee;
• Person: means an individual or legal entity, including an individual or business;
• Services: means a task that Seller agrees to perform and is included in a Listing by a Seller on the Website;
• Seller: means any User who uses the Website to sell Goods or Services;
• Third-Party Payment Service: includes payment providers that LocalAg may engage to provide payment services on the Website that Consumers can use to make a Payment including but not limited to:
  • PayPal;
  •  Escrow (Check Vault);
  • Stripe
• 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 the Website.

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