DisclaimerDisclaimer
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 and Conditions and this Disclaimer 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. All information provided or published by us on MarkeTree is provided in good faith. AFG does not warrant the accuracy of any information provided on MarkeTree. You accept that any information provided by us is general information and is not in the nature of advice.
3. We do not accept liability for any loss or damage, however caused, (including through negligence) which you may directly or indirectly suffer in relation to the use of MarkeTree or any linked or embedded web site, or the use of or reliance on any material on MarkeTree (whether provided by us or any other person), or any material accessed or purchased through MarkeTree.
4. 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.
5. We are not responsible for or liable for the material provided or published by or the actions or inaction of any users of MarkeTree, including Registered Users. We are not responsible for or liable for any material which you post or transmit to MarkeTree, nor do We accept any responsibility or liability for any use or misuse which you or any other users make of material which you post or transmit to MarkeTree.
6. We do not assume any responsibility for monitoring MarkeTree for inappropriate material or removing such material. You acknowledge that We cannot confirm the identity of other Registered Users or prevent them acting under false pretences.
7. AFG does not warrant that MarkeTree or any of its content will be available on a secure, virus free, continuous or uninterrupted basis. AFG is not liable for any damage or loss suffered by users as a result of their inability or the inability of other users to access any of the content on MarkeTree.
8. We do not warrant that any material you submit to MarkeTree will be protected against loss, misuse or alteration by third parties. We do not warrant that We will post your material on the web site. If We elect in Our sole discretion to post your material on MarkeTree, We do not warrant that the material you submit will be posted within a certain timeframe.
9. You must ensure that your access to MarkeTree is not illegal or prohibited by laws which apply to you.
10. You must take your own precautions to ensure that the process that you use for accessing MarkeTree does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. For the removal of doubt, We do not accept liability for any loss or damage, however caused, (including through negligence) which you may directly or indirectly suffer through any interference or damage to your computer system which arises in connection with your use of MarkeTree or any linked or embedded web site.
11. We do not accept liability for any loss or damage, however caused, (including through negligence) which you may directly or indirectly suffer from a failure to provide any facility on MarkeTree, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service or any transmissions by other users in contravention of the user obligations as set out in the Terms and Conditions.
12. We accept no liability for Our failure to comply with the Terms and Conditions and Privacy Policy where the failure is due to circumstances beyond Our reasonable control.
- Exclusion of Warranties
13. To the extent permitted by law, any condition or warranty which would otherwise be implied into the Terms and Conditions is excluded. Where any law implies any condition or warranty, and that law prohibits us from excluding or modifying the application of, or Our liability under, any such condition or warranty, that condition or warranty will be deemed to be included in these terms and conditions but Our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such 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.
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
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