User Agreement
The Farmers Lot Pty. Ltd. is an online marketplace allowing Australian farmers, backyard gardeners and others ("Sellers"/"Vendors") to buy and sell products and services. Sellers must do so in compliance with relevant laws and regulations, including consumer law, biosecurity, quarantine, animal welfare guidelines and comply with requirements for Property Identification Codes (PIC), National Livestock Identification System (NLIS), and transportation laws for livestock.
By accessing this site as a "Buyer", "Seller", or "Visitor" or in any other capacity you agree to comply with this user agreement. Continued browsing or interaction with this website constitutes your acceptance of this agreement.
OUR AGREEMENT
The Farmers Lot provides a platform for buyers and sellers to conduct business in compliance with relevant laws and regulations. Sales transactions on our platform are bipartite contracts between the Seller and the Buyer. The Farmers Lot in it's capcity as a marketplace operator is not a party to these contracts and assumes no liability for matters arising from the sale of products or services.
Where/if the Farmer Lot operates as a seller of farming products (as opposed to it's role as the marketplace operator) it is bound by these terms as a seller.
Scope of The Service
The Farmers Lot Pty. Ltd. provides a platform for buyers and sellers to conduct business in accordance with the applicable laws and regulations. The Farmers Lot does not originate, initiate, or modify any information transmitted through the platform. The Farmers Lot is not responsible for any disputes arising from third-party services, such as payment gateways and shipping providers.
The Farmers Lot operates a number of marketplaces e.g. www.thefarmerslot.com.au, www.bricabrac.au each combination of marketplace domain and subscription plan/access rights constitutes a product of The Farmers Lot. Each marketplace allows vendors to sell a unique product mix.
As the marketplace operator The Farmers Lot reserves the right , subject to it's published polices, to offer and discontinue services and operate those services in any manner it see's fit. Without limitation and in it's absolute discretion The Farmers Lot may determine in it's absolute discretion who may be a buyer or seller on any of it's marketplaces, what they may sell, prioritisation of products to be displayed and the cost of it's service.
Additional Services
Additional services outside the standard scope may be provided at our discretion. We may charge for these services if an agreement is reached with the parties involved. Provision of an additional service does not obligate us to continue providing that service.
Costs
Sellers are responsible for all costs associated with their products and services, including government charges, customs, levies, taxes, third-party service fees, restitution to recipients, and other relevant costs. Sellers indemnify The Farmers Lot Pty. Ltd. from liability concerning these costs.
Consideration
You must pay The Farmers Lot according to the Fee Schedule available on our website, which may include charges for additional services.
Amendments to the User Agreement
We reserve the right to modify the User Agreement at any time without prior notice, except for changes requiring a Significant Event Notice under Australian Corporate law. It is your responsibility to review this agreement periodically. Continued use of the website after updates constitutes your acceptance of the agreement.
Termination of the User Agreement
The Farmers Lot may suspend, terminate, or block your access to the website if you provide inaccurate information, breach this agreement, or fail to pay any monies due within seven days. Legal action may be taken in case of non-payment of fees.
Applicable Law
This agreement is governed by the laws of Australia, any abitration, intervention, ruling, hearing or other dispute resolution requiring third party intervention shall be in South Australia.
Dispute Resolution
Efficient dispute resolution should be conducted remotely where possible, with issues raised through the platform's messaging functionality.
Business Entity Registration
If registering as a business entity, you represent that you are authorised to accept this agreement and bind your entity to it.
Credentials
You are responsible for maintaining the confidentiality of your credentials and for all activities occurring through your account. You must notify us of any unauthorised use or breach of security.
Communications
You consent to receive electronic communications from The Farmers Lot regarding your use of the website, orders placed, and other relevant matters. By using the website, you acknowledge that we are not responsible for personal information you disclose to others during transactions.
Your Information
You are responsible for providing accurate, current, and complete information about yourself and your products or services. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use your information in any media.
Your Content
You agree not to post or share any content that violates laws, regulations, or third-party rights, or that is offensive, harmful, or inappropriate. You represent that you are the legal owner of or have licence to use any images, videos, phrases or descriptions which you post on this webstie. You further agree and sub-licence us to reproduce that content for the purposes of promoting your products and our website.
Compliance with Australian Laws, Biosecurity, and Animal Welfare Guidelines
In addition to the provisions set forth in this User Agreement, all Sellers and Buyers on The Farmers Lot must adhere to all applicable Australian laws and regulations, including but not limited to biosecurity and farming laws, quarantine regulations, biosecurity zones, animal welfare guidelines, Property Identification Codes (PIC), National Livestock Identification System (NLIS) requirements, and transportation regulations for livestock.
Sellers are solely responsible for ensuring compliance with these laws and regulations in connection with the sale and transportation of livestock or other products on The Farmers Lot. Buyers are responsible for ensuring they meet any legal requirements to receive and possess the livestock or products purchased on The Farmers Lot.
In the event of a breach of any applicable laws, regulations, or guidelines, The Farmers Lot reserves the right to suspend or terminate the User's access to the platform and may report any non-compliance to the relevant authorities.
Indemnity
You agree to indemnify and hold harmless The Farmers Lot Pty. Ltd., its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Website, your violation of this User Agreement, or your violation of any applicable laws, regulations, or guidelines.
Limitation of Liability
To the fullest extent permitted by law, in no event shall The Farmers Lot Pty. Ltd., its affiliates, and their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or loss of use, arising out of or in connection with your access to, use of, or inability to use the Website, any information provided on the Website, or any transaction between Buyers and Sellers, even if The Farmers Lot Pty. Ltd. has been advised of the possibility of such damages.
Severability
If any provision of this User Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of this User Agreement, which shall remain in full force and effect.
No Waiver
No failure or delay by The Farmers Lot Pty. Ltd. in exercising any right, power, or remedy under this User Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
Entire Agreement
This User Agreement, together with any other documents incorporated herein by reference, together with any terms and conditions accepted as a purchasor or vendor constitutes the entire agreement between you and The Farmers Lot Pty. Ltd. with respect to your access to and use of the Website, and supersedes any and all prior or contemporaneous agreements, understandings, or representations, whether oral or written, relating to the subject matter hereof.
Assignment
You may not assign or transfer your rights or obligations under this User Agreement without the prior written consent of The Farmers Lot Pty. Ltd. The Farmers Lot Pty. Ltd. may assign or transfer its rights and obligations under this User Agreement, in whole or in part, at any time without notice to you.