Spotbooked.com.au terms of use agreement

This agreement (Agreement) is an agreement between Lyndeena Pty Ltd (ACN 618 996 642) as trustee for the Spotbooked Trust of Shop 5, 37 Yaldwyn Street, Taroom in the State of Queensland (us) and you (you). This Agreement is to be read together with all other terms and conditions on our website including our Privacy Policy (Privacy Policy). By visiting and using this website and the using the features of this website, you accept the terms and conditions of this Agreement and the Privacy Policy. If you do not wish to accept the terms and conditions of this Agreement the Privacy Policy, do not visit or use this website.

  1. Registration

    In order to access the majority of the functionality of this website you must become a registered member. There are two types of members:

    • “Producers” – persons involved in the primary production of cattle. In order to register as a Producer, you must provide us with a PIC number that is valid and matches your name.
    • “Feedlots” – persons involved in the operation of cattle feedlots. As part of the registration process, you will be required to give specifications about the relevant feedlot.

    All personal information that you provide to us as part of the registration process will be dealt with in accordance with our Privacy Policy. You warrant that all information you provide to us is accurate and current. On registration, you will be required to provide a username and password – you must ensure that these details are kept secure and confidential to you. Registration is only available to persons aged 18 years and over. By seeking to register, you warrant to us that you are aged 18 years or over.

  2. Accuracy, completeness and timeliness of information

    The information on our website is not necessarily comprehensive or up-to-date. We rely on registered members to create user generated content. We cannot and do not verify the accuracy of the user generated content. We recommend that you independently verify all user generated content before relying on it in any way. To the extent permitted by law, we make no warranty or representation regarding the accuracy, completeness or timeliness of information on this website (including the user generated content). You agree to release us from all loss or damage you may incur from relying on any information on our website. To the extent that we are liable under the law, you agree that any such liability will be limited to the cost of resupplying the service (which you agree shall be equal to the registration cost for one month). You agree to release us from all loss or damage incurred as a result of any interference with or damage to your computer systems in connection with the use of this website or a linked website. We recommend that you take your own precautions to ensure that your use of our website does not result in any infection for viruses or anything else that may monitor or interfere with or damage your computer or network. We may vary the terms and conditions of this Agreement (and the website and any content and functionality of the website) at any time without notice to you and without your prior consent.

  3. Feedlot specific terms

    This clause 3 only applies to registered members of the website who have represented to us that they are “Feedlots”.

    Cost

    If you are a Feedlot, the cost of your access to the website (Cost) will depend on whether or not you are determined by us to be a “Foundation Feedlot”. We will notify you if we determine that you are a Foundation Feedlot prior to granting you access to the website. If you are a Foundation Feedlot, your access to the website will be free for the first 6 months (Free Period) following your registration. Your Cost following this Free Period will be an amount determined by us (after consultation with you) and notified to you prior to the expiry of the Free Period. If you are a Feedlot but are not a Foundation Feedlot, your Cost after will be determined by us (following consultation with you) and notified to you prior to us granting you access to the website. We may change your Cost at any time on 60 days notice to you. We will endeavour to consult with you prior to implementing any change in your Cost. If you do not agree with your Cost (or any change in your Cost), you may cancel your membership at any time.

    Payment methods

    You must pay us the Cost in the manner specified by us in our notification of the Cost. If any payment fails, you must immediately pay us in a manner nominated by us.

    Due Diligence

    We make no representation or warranty about the cattle presented on this website. It is your responsibility to conduct checks to ensure the cattle meet your expectations. We recommend that you undertake your usual due diligence checks and implement your normal processes when purchasing or proposing a custom feed arrangement. The website’s purpose is merely to introduce you to the relevant Producer. It is up to you to ensure that all relevant legal requirements have been complied with in the actual transaction.

  4. Producer specific terms

    This clause 4 only applies to registered members of the website who have represented to us that they are “Producers”.

    Cost

    If you are a Producer, we do not charge you for access to the website.

    Due Diligence

    We make no representation or warranty about the Feedlots presented on this website. It is your responsibility to conduct checks to ensure the Feedlots meet your expectations. We recommend that you undertake industry best practice due diligence checks and implement industry best practice processes when selling cattle to a feedlot or entering into a custom feed arrangement with a Feedlot. The website’s purpose is merely to introduce you to the relevant Feedlot. It is up to you to ensure that all relevant legal requirements have been complied with in the actual transaction.

  5. NLIS, NVD/Waybills and other regulation

    You are required to comply with all requirements under the National Livestock Identification System (NLIS) at all times during your use of the website. You are required to complete NVD/Waybills for all and any cattle transactions and comply with all requirements of the Livestock Production Assurance program. You are required to comply with all other regulations relating to cattle and feedlotting at all times. We are not a livestock agent and we will not undertake any of your responsibilities under the NLIS or Livestock Production Assurance program (or complete any NVD/Waybills) or any other requirements under any regulation on your behalf at any time.

    Relationship

    You acknowledge that we are not sellers of livestock or feedlot space. You acknowledge that we are not livestock agents. You agree that the website does not comprise an inducement by you to make or accept an offer to enter into any transaction relation to livestock. We do not receive commission from any transactions that occur through our website. Our relationship to you is that of independent contracting parties. We do not have a relationship of partnership or employment with you. We will not and do not have any involvement or financial interest in the financial transactions involved with transactions that occur through our website.

  6. Termination of Your access to the website

    We may, on notice to you, and at our discretion, suspend or terminate your access to all or part of the website without cause. We may also remove any user generated content that we deem to be offensive, defamatory or not within the bounds of normal public decency. You agree to release us from and against all claims arising from;

    • Your suspension or termination of access to part or all of our website;
    • The removal of user generated content.

    For the avoidance of doubt, in the event of the happening of one of these events we will not be liable to issue a refund to you for any Costs paid by you.

  7. Linked sites

    Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

  8. Intellectual property rights

    You warrant that you own all copyright in all user generated content that you post on the website. By posting content on our website, you grant us a worldwide, perpetual, fee free licence to use all copyright in the content for any purpose (and to assign or sublicence such rights). You agree to indemnify us and our agents, officers and employees from and against all claims for breach of copyright arising from any content that you post on our website. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors for the sole purpose of finding suitable feedlots for your cattle (in the case of Producers) or finding suitable cattle for your feedlots (in the case of Feedlots). Except for the temporary copy held in the computers cache, and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without our prior written approval. Any further reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties.

  9. Unacceptable activity

    You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

    • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
    • using this website to defame or libel us, our employees or other individuals;
    • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
    • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

    If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice. If a listing is terminated by us we will not issue a refund or be liable for any associated expenses or losses.

  10. Warranties and disclaimers

    To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. To the extent that we are liable under the law, you agree that any such liability will be limited to the cost of resupplying the service (which you agree shall be equal to the registration cost for one month).

  11. Liability

    To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs. To the extent that we are liable under the law, you agree that any such liability will be limited to the cost of resupplying the service (which you agree shall be equal to the registration cost for one month).

  12. Jurisdiction and governing law

    Your use of the website and the terms and conditions set out in this Agreement are governed by the law of Queensland and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in Queensland.