Last Updated: 16 January 2020

These terms and conditions of use manage your use of the Equicenter platform and applications. References to 'site' includes https://www.equicenter.com.au or any other site, services (including web-services), software, application or media managed by Equicenter. Your use of the Equicenter site constitutes your acceptance of these terms and conditions of use.

Equicenter may from time to time amend the terms and conditions of use and therefore Equicenter recommends that you carefully read the terms and conditions of use each time you visit the site as they may affect your rights.

If you do not agree with the terms and conditions of use, do not use the Equicenter platform.

Privacy Policy

Equicenter’s Privacy Policy forms part of the terms and conditions of use and can be found by following this link:

PRIVACY POLICY LINK

The website

These terms and conditions of use apply to all users of the Equicenter site which may include content, information or links to third parties or third party websites. By using the Equicentre site you accept these terms and conditions of use you agree to hold harmless and relieve Equicenter from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.

Equicenter recommends that before you disclose any personal information to a third party that you first read and accept the third party's privacy policy and terms and conditions of use (if applicable) of their website.

Your access to the website

Equicenter provides its permission for you to access the platform in accordance with these terms and conditions of use on condition that:

(a)       your use of the platform is solely for your individual, personal, commercial and non-commercial use;

(b)      you will not copy, distribute or publish any part of the platform or content of the platform other than as may be reasonably necessary to use the platform for its intended purpose, and

(c)       you will otherwise comply with the terms and conditions of use.

Equicenter grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Equicenter reserves the right to revoke these exceptions either generally or in specific cases.

You agree not to collect or harvest any personally identifiable information from the platform or use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the platform with respect to their submissions to the platform.

Intellectual property rights

The website may contain trademarks owned and used by Equicenter and its affiliates and related entities. These trademarks are used to distinguish Equicenter. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of Equicenter.

The text, graphics and Equicenter's html code (including flash files and java script) contained in the website are the exclusive property of Equicenter, its affiliates or related entities. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior express written permission of Equicenter.

The website may link to sites not maintained by or related to Equicenter. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or Equicenter. Equicenter is not responsible for the content of any other site. These links are to be accessed at the user's own risk. Equicenter makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website or of any of the validity of any advertisements places on the platform by registered users. Furthermore, Equicenter does not implicitly endorse third-party sites hyper-linked to this website.

Content on the platform is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Equicenter reserves all rights not expressly granted in and to the platform and the content. You agree not to engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of user submissions of third parties obtained through the website for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the website or the content therein.

A registered user may copy and share the advertisements that they have placed.

Refunds

Please note that Equicenter does not sell anything other than advertising, and therefore once your advert is placed and becomes live on the website, no refunds will be offered.

Any refunds sought from a third party provider must be directed directly to that provider.

Online ordering via the Equicenter platform

If the platform is used, you are responsible for maintaining the confidentiality of your personal details, password (if applicable) and payment details. You acknowledge that when you access the platform as a registered user, you may remain logged in to the platform even after closing the internet browser or application (unless you log-out prior to leaving the website/application, or you erase or block Cookies from the electronic device used to access the website (refer to our privacy policy for more information on Cookies)).

Therefore, if you sign into the Equicenter platform account via your email address on a shared or public use computer and do not sign out, someone else who uses that computer after you may be able to access your user account. We therefore advise that you log out of all services when you have finished using a public computer.

Where you access your Equicenter user account using a mobile device (e.g. a phone or tablet), you should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Equicenter user registration.

You agree to accept full responsibility for all your activities on the Equicenter platform. You further acknowledge that you are fully responsible for the activities of any individual who accesses the platform using an electronic device which remains logged in to, or associated with, your registered account. The Equicenter platform must only be used by persons over the age of 18 years, or otherwise under the supervision of an adult or guardian. Equicenter reserves the right to refuse service, terminate your access to the platform, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.

In making the platform (website and applications) available for use, Equicenter:

(a)       merely acts as an agent from which the products or services may be advertised;

(b)      in its capacity as agent, collects and processes any online payments and remits this amount to the provider of the products or services;

(c)       does not provide you with any goods or services other than advertisements;

(d)      makes no warranties or representations regarding the goods and services advertised (including availability and delivery);

(e)       does not guarantee that the platform will be error-free or that any errors will be corrected. Equicenter does not guarantee that the platform will be free from viruses or other harmful components and you agree to hold harmless Equicenter from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the platform; and

(f)        reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.

In using Equicenter (whether via the website, an application or electronic device) you:

(a)          acknowledge that all orders are treated as an express intention to purchase the advertised goods or services for the agreed advertised prices;

(b)      acknowledge that you contract with the third party from which you purchase from and not Equicenter and therefore you have no claim, recourse or action against Equicenter whatsoever; and

(c)       indemnify Equicenter from all claims, losses, judgement, liability and damage relating to a failure of the platform.

Steps we can take against your Equicenter registration

If any of the following occur, we can suspend or cancel your registration and/or ban you from the platform:

(a)       you breach any of these terms and conditions of use or do anything else in connection with your registration that is not allowed or creates possible legal risk for us;

(b)      we think that your password or account has been compromised;

(c)       your user account remains inactive for an extended period of time (to be determined in our sole discretion); or

(d)      Equicenter, in its sole discretion, believes that you may be acting inappropriately.

Equicenter’s user registration

You may provide your personal information to become a registered user of the platform. As a registered user you will be able to save information in order to improve (and speed-up) your future experience. 

Refer to our privacy policy for more details about how we deal with your personal information.

Limitation of liability

To the extent permitted by law, Equicenter’s liability in relation to any product or service purchased as a consequence of your use of this website is limited to the lesser of:

(a)       the replacement of any product purchased; and

(b)      the purchase price paid by for the product or service.

To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these terms and conditions of use, for failure to observe or perform any of our obligations under these terms and conditions of use for any reason or cause except if caused by our gross negligence. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.

Indemnity

You agree to defend, indemnify and hold harmless Equicenter and related corporations, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with:

(a)       your use of and access to the platform (including any online ordering and applications);

(b)      your violation of any conditions of these terms and conditions of use; or

(c)       your violation of any third party right, including without limitation any copyright, property, or privacy right.

Ability to accept terms and conditions of use

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions of use, and to abide by and comply with these terms and conditions of use.

General

These terms and conditions of use shall be governed by the laws of the Queensland, Australia. Any claim or dispute between you and Equicenter arises in whole or in part from the Equicenter platform shall be decided exclusively by a court of competent jurisdiction located in Brisbane, Queensland. These terms and conditions of use, together with Equicenter’s website Privacy Policy and any other legal notices published by Equicenter on the platform, shall constitute the entire agreement between you and Equicenter.

If any provision of these terms and conditions of use or privacy policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall be severed from the terms and conditions and not affect the validity of the remaining provisions of these terms and conditions of use and/or privacy policy as applicable, which shall remain in full force and effect. No waiver of any term of these terms and conditions of use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Equicenter to assert any right or provision under these terms and conditions of use shall not constitute a waiver of such right or provision.