ConditionsTerms and Conditions of Use
1. The website www.marketree.com.au (“MarkeTree”) is operated by Australian Forest Growers ACN 000 694 904 (“AFG” or “We” or “Our”). Access to the website is subject to the terms, conditions and disclaimers provided on this web page, and appearing elsewhere on the website including the Privacy Policy. AFG reserves the right to modify these terms at any time at its discretion.
2. In order to access all aspects of MarkeTree, and access all applicable services, you must become a Registered User. To do this, please visit the registration page of MarkeTree. Registration is free but Registered User status is non-transferable.
3. These Terms and Conditions apply to Registered Users and non-registered users of MarkeTree as applicable.
Advertising, Buying and Selling
4. AFG provides Registered Users with space for the publication of content, including images, on MarkeTree for the purpose of Registered Users advertising for sale or purchase forests and forest products in accordance with these Terms and Conditions.
5. AFG is not involved in or a party to any transaction between buyers and sellers of items listed on MarkeTree. AFG makes no warranties or guarantees as to the accuracy, truth or currency of information contained in advertisements posted on MarkeTree. AFG makes no warranties or guarantees as to the value, suitability, quality, safety, merchantability, fitness for any particular purpose or legality of any of the items advertised for sale on MarkeTree. AFG makes no warranties or guarantees as to the ability or capacity for sellers or buyers to complete or enforce a transaction concerning an item advertised for sale on MarkeTree. Buyers using MarkeTree should conduct their own due diligence in respect to any product or service advertised for sale on MarkeTree.
6. To the extent permitted by law, AFG specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with a transaction between buyers and sellers of items listed on MarkeTree.
7. AFG reserves the right at all times to monitor, remove, amend, edit, retain and/or disclose any content posted to MarkeTree as necessary to satisfy any perceived applicable obligation, agreement, law, regulation or process.
8. AFG may from time to time provide on MarkeTree discussion forums, bulletin boards, or other forums in which you or third parties may post messages, materials or other content on MarkeTree. If AFG provides such interactive areas, you are solely responsible for your use of such interactive areas and use them at your own risk.
9. By using any interactive areas you agree as a condition of your use that you will not
(a) publish, post, upload, distribute, email, transmit or disseminate any message, data, information, test, sound, photos, graphics, code or other material which is false, misleading or deceptive, fraudulent, unlawful, inflammatory, harassing, threatening, abusive, obscene, defamatory, indecent, pornographic, offensive, inappropriate, invasive of privacy or publicity rights or otherwise objectionable;
(b) use this website to libel, defame, abuse, harass, stalk, threaten or otherwise offend or cause damage to others;
(c) publish, post, upload, distribute, email, transmit or otherwise make available any material that breaches copyright or moral rights or that you do not have a right to make available under any law or contractual obligation or otherwise breach any applicable laws or regulations in relation to such material;
(d) impersonate any person or otherwise use a false identity; or
(e) use this website for any unlawful purpose.
User Warranty and Indemnity
10. By posting content on MarkeTree, you warrant that:
(a) you are over 18 years of age,
(b) where you post an advertisement for the sale of an item or items, you are the rightful owner of or are duly licenced or authorised to sell the item or items;
(c) you own your content and all rights in relation to your content;
(d) you obtained your content in a manner which does not breach any laws or the rights of any person or entity;
(e) your content, and the publication of your content on MarkeTree does not breach any law or the rights of any person or entity;
(f) your content, at the time you post it on MarkeTree, contains no virus or other code or material embedded in it which will have a negative impact on MarkeTree’s services or
infrastructure.
(g) that your content is accurate and is not misleading or deceptive.
11. You must indemnify Us and Our related bodies corporate and Our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your password or Registered User ID, whether or not you have authorised that person to use your password or ID.
Rights to user content
12. You grant to AFG a royalty free, worldwide, perpetual licence to use, publish, reproduce or adapt any content you submit to this website as we see fit and for any purpose including any publication of that content or any part of that content or any edited version of that content. You agree not to make any claim for breach of copyright.
13. You waive all moral rights in your content and consent to anything which AFG (or any person permitted to do so by AFG) may do in relation to your content which would otherwise be in breach of your moral rights. This includes that AFG may use your content without attributing you as the source of your content.
Copyright
14. Copyright in MarkeTree (including text, graphics, logos, icons, sound recordings, audio visual material and software) is owned or licensed by us. You may print out material from MarkeTree. However, except as permitted by the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and, except as expressly authorised by these terms and conditions, you must not in any form or by any means:
(a) adapt, reproduce, store, distribute, display, perform, publish, communicate to the public or create derivative works from any part of this web site; or
(b) commercialise any material, products or services obtained from any part of this web site;
without Our written permission.
Trade Marks
15. The trade marks, logos and service marks displayed on MarkeTree ("Marks") are owned or licenced by us.
16. You must not use Our name or any of Our trade marks:
(a) in or as the whole or part of your own trade marks or company or business names;
(b) in connection with activities, products or services which are not Ours or accredited by us;
(c) otherwise than as permitted by MarkeTree, in relation to activities and services accredited by us;
(d) in meta tags or other hidden text on your web site;
(e) in a manner which may be confusing, misleading, offensive or deceptive;
(f) in a manner that disparages us or Our information, products or services (including this web site).
17. If you use any of Our trade marks in reference to Our activities, products or services or activities, products or services accredited by us, you must include a statement attributing the trade mark to us.
Privacy Policy
18. We undertake to comply with the terms of Our privacy policy which is published on MarkeTree.
Advertisements and Linked or Embedded Sites
19. AFG may, at its sole discretion, feature or display third party advertising on MarkeTree. AFG reserves the right to refuse or withdraw from publication any advertising at any time.
20. Responsibility for the content of advertisements appearing on MarkeTree (including hyperlinks to advertisers’ own web sites and details of accredited Instructors) rests solely with the advertisers and We do not warrant that the content is correct. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services. Any links may not remain current.
21. Responsibility for the content and privacy of sites linked to or embedded in MarkeTree rests solely with the linked or embedded site. Linking to or embedding a site on MarkeTree does not constitute a recommendation or endorsement by us of the site or its operator, contents, products or services. Any such links may not remain current.
Termination of Access
22. Access to MarkeTree may be terminated at any time by us without notice. Your Registered User status with MarkeTree may be terminated, cancelled or suspended by us without notice. Clauses 10 – 13 of these Terms and Conditions will survive termination of access to MarkeTree or termination of your Registered User status.
Governing Law
23. These terms and conditions are governed by the laws in force in the Australian Capital Territory. You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.
General
24. If We waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
25. If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
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