Terms & Conditions for Using www.machinesonline.com.au:

Machinesonline is pleased to provide you with access to the services and information hosted on ‘this website’ (www.machinesonline.com.au) and wherever else distributed on the internet subject to the following terms and conditions of use.

 

Machinesonline is pleased to provide you with access to the services and information hosted on ‘this website’ (www.machinesonline.com.au) and wherever else distributed on the internet subject to the following terms and conditions of use.

About Machinesonline:

(a) Machinesonline is a trading name of Moto Cafe’ Holdings Pty Ltd (“MCH”) as Trustee for the Pratten Family Investment Trust (“PFIT”). Unless specified otherwise the term ‘Machinesonline’ will mean the respective proprietary interests of MCH and PFIT.

 
(b) This website provides an online advertising facility created for the use of persons and corporations wishing to sell and/or buy and/or hire machinery and equipment (hereinafter referred to as “item(s)”) and/or to access and/or provide related services and goods. The information on this website is the copyright of Machinesonline. (see [7] below)
 
(c) Machinesonline publishes or makes available on this website information, advertisements, product and service offers, item data, valuations, software and links and other content supplied by Machinesonline and third parties (the “Material”) – see [7] below). Machinesonline does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on this website or on any website that links from it, including third party display advertisements.
 
(d) Machinesonline does not provide any warranty in relation to any goods or services advertised for sale or hire and/or as otherwise available on the website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller/hirer or owned by the seller/hirer.

Personal and Non Commercial Use Only:

(a) Machinesonline is a trading name of Moto Cafe’ Holdings Pty Ltd (“MCH”) as Trustee for the Pratten Family Investment Trust (“PFIT”). Unless specified otherwise the term ‘Machinesonline’ will mean the respective proprietary interests of MCH and PFIT.

 
(b) This website provides an online advertising facility created for the use of persons and corporations wishing to sell and/or buy and/or hire machinery and equipment (hereinafter referred to as “item(s)”) and/or to access and/or provide related services and goods. The information on this website is the copyright of Machinesonline. (see [7] below)
 
(c) Machinesonline publishes or makes available on this website information, advertisements, product and service offers, item data, valuations, software and links and other content supplied by Machinesonline and third parties (the “Material”) – see [7] below). Machinesonline does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on this website or on any website that links from it, including third party display advertisements.
 
(d) Machinesonline does not provide any warranty in relation to any goods or services advertised for sale or hire and/or as otherwise available on the website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller/hirer or owned by the seller/hirer.

You are Responsible for the use of this website:

(a) Whilst Machinesonline takes care to ensure that the Material on this website is correct, current and free from errors, Machinesonline does not warrant the accuracy or completeness of or the representations made in the Material on this website or any website that links from this website or any information received as a result of this website. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
 
(b) The services and Material made available on this website are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don’t do anything; and may not be continually accessible or free from errors or viruses.
 
(c) You agree to indemnify Machinesonline against any liability, loss, claim or demand if Machinesonline (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
(d) You must keep your username and password to access this website secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to Machinesonline that you accept all liability for any unauthorised use of any username and password issued to you.

Goods and Services Provided by Machinesonline:

If Machinesonline offers goods or services to you, including advertising any item for sale and/or hire on this website, the services may be subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and any additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.

Goods and Services Provided By Third Parties:

(a) If goods and services are offered on or through this website by third parties (sellers/hirers):
 
i. item prices exclude government and statutory charges (unless otherwise stated);
 
ii. You are responsible for making all relevant searches, enquiries and investigations in relation to any listed item including, any written off vehicle register or register of security interests (including the Personal Property Securities Register or otherwise);
 
iii. Machinesonline does not act as any persons’ agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
iv. Machinesonline will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.
 
(b) Machinesonline may augment information supplied by sellers. This information is supplied by third parties and may be based on type, variant, make, model or year of manufacture of an item. Whilst Machinesonline requests sellers/hirers check this information, it may be possible for information to be inaccurate. Machinesonline strongly recommends that you check with the seller/hirer that all information in relation to their goods and service is accurate.

Machinesonline’s Liability to You is Limited:

(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by Machinesonline are HEREBY EXCLUDED.
 
(b) To the full extent permitted by the law, Machinesonline will only be liable to you:
 
i. pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of Machinesonline is limited, at Machinesonlines’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply;
 
ii. subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Machinesonline.
 
(c) Subject to subclause 6(b), and except to the extent that liability cannot be excluded, Machinesonline, will not be liable to you: for claims arising out of or in connection with your access and use of this website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
 
(d) To the full extent permitted by law, Machinesonline will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
 
(e) For the purposes of this section, the term Machinesonline will mean Machinesonline, its officers, employees, contractors and agents, whether individually or collectively.
 
(f) These terms and conditions will survive the expiration or termination of this agreement.

Copyright, Trademarks and Licence:

(a) Material on this website is © Machinesonline and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by Machinesonline. Unless otherwise indicated on this website, the material on this website is owned by or licensed to Machinesonline and is subject to copyright (the “Copyright Material”).
 
(b)You may:
 
i. only copy or reproduce the Copyright Material for the purpose of browsing this website or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
 
ii. not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
 
(c) Machinesonline and other names of Machinesonline product and/or services referenced herein are trademarks or registered trademarks of Machinesonline. Other product and company names mentioned on this website may be the trademarks of their respective owners. Nothing displayed on this website should be construed as granting you any intellectual property rights including the right to use any trademark, without Machinesonline’s’ (or the relevant owner’s, if applicable) express written consent.
 
(d) In consideration of Machinesonline allowing you to access and use this website you grant to Machinesonline a non-exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as Machinesonline determines from time to time (subject to the Machinesonline’s Privacy Policy). You warrant that: you have all necessary rights in the content that you contribute, the content is not defamatory, that it does not infringe any law and you indemnify Machinesonline, its officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty. You waive any moral rights you may have in relation to the material.

Membership to this website:

(a) If you choose to become a member of this website, additional products and services may be made available to you.
 
(b) By becoming a member of this website, you agree to receive electronic communications from Machinesonline about its products and services.
 
(c) If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.

Communications Services:

(a) Machinesonline may provide you with the ability to communicate with sellers, advertisers, members and users of this website through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (“Communications Services”).
 
(b) You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by Machinesonline. You should not however, consider Communication Services to have been reviewed, screened, or approved by Machinesonline.
 
(c) Use of the Communications Services is provided on condition that You do not do any of the following:
 
i. transmit any information or material which is knowingly incorrect, misleading or deceptive;
 
ii. transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any material otherwise deemed by Machinesonline to be threatening, hurtful or otherwise inappropriate;
 
iii. transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
 
iv. use the Communications Services for any unlawful purpose;
 
v. post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights.
vi. upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another’s computer or damage any this website’s infrastructure;
 
vii. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
 
viii. advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Machinesonline.
 
ix. download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
 
x. excessively use the Communications Services in a manner which may hinder or prevent Machinesonline from providing services to any other persons or which may threaten the integrity or use by any person of this website;
 
xi. authorise, aid, abet encourage or incite any person to do any of the above acts.
 
(d) Machinesonline may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services. Machinesonline may also suspend or terminate the membership of any member determined by Machinesonline to be in breach of this provision.

Software Services:

(a) Any software, including HTML code and ActiveX controls, that is made available to download from the Machinesonline Network (“Software”) is owned by Machinesonline and/or its suppliers.
 
(b) Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You must agree to the terms of the License Agreement before using the Software.
 
(c) If there is no License Agreement, Machinesonline grants you a personal, non-transferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions, and for no other purpose. You must not:
 
i. copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
 
ii. reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
 
iii. introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
 
iv. sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

Machinesonline and Your Privacy:

By using this website, you agree to the Machinesonline Privacy Policy which sets out how Machinesonline collects, uses and discloses your personal information.

Specific Terms:

(a) Private Sellers: To read Machinesonline’s Private Seller Terms and Conditions click here. If you choose to sell an item using this website you must agree to the Machinesonline Private Seller Terms and Conditions.
 
(b) Machinesonline Privacy Policy: To read Machinesonline’s Privacy Protect Terms and Conditions click here.
 
(c) Competitions To read Machinesonline Competition Terms and Conditions click here.
 
(d) Email a friend: Where this website allows you to email a friend, you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify Machinesonline, its officers, representatives, employees, contractors, servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.
 
(e) Machinesonline uses Stripe and Paypal ……..Assembly Payments) as its service provider for payment services (acting as a payment facilitator and/or escrow agent for transactions between Machinesonline Network sellers and buyers). By using these services, you agree to be bound by the Assembly Payments End User Terms which are located here.

What Law Governs these Terms and Conditions:

This Agreement is governed by and construed in accordance with the laws of the State or Territory of Australia in which:
 
For commercial uses of this website, the registered head office is located: For Private users of the website, the user’s residential address is located.

Machinesonline May Change These Terms and Conditions:

(a) Machinesonline may at any time and, in its absolute discretion modify or amend any of the terms and conditions upon which goods or services are supplied by you including such modifications or amendments in these these terms of use and publishing them on this website. Such modifications will be binding on you once displayed on this web site. You should regularly check the terms and conditions displayed on this website.
 
(b) Machinesonline may cease to provide you with access to this website or any of its services without notice.
 
(c) All rights not expressly granted are reserved.

Viruses & Malware:

(a) Whilst effort has been taken to ensure that the pages of this website are free from viruses, Machinesonline give no warranties that they are in-fact free from viruses or Malware contagion; and users are responsible for ensuring that they have installed adequate virus and malware checking and protection software.
 
(b) Machinesonline excludes, in so far as it is legally possible, all liability and responsibility for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
 
a) the pages on the website or of any other internet website;
 
b) any material downloaded from this website or any other internet website which is linked to this website..

Scams & Personal Responsibility:

(a) Users of this website, Buyers and/or Sellers and/or Hirers – howsoever described, acknowledge that they are generally aware of the prevalence of internet scams, some of which may be targeted at users of this website, and all such users agree that they have read the Machinesonline ‘Scam Aware’ page which highlights some of these scams and what to look for to assist in avoiding being the victim of a scam. To review our ‘Scam Aware’ page please Click Here.
 
(b) It is a condition precedent to permission to use this website that any user of this website, Buyer or Seller and/or Hirer – howsoever described, agrees to hold harmless Machinesonline, its staff, management, employees, officers, agents and advisers for any consequences arising from any scam or fraud committed on them by another person using this website or any other website linking to it and/or from it.

Severability:

If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

Goodfaith:

A breach of Goodfaith by You shall constitute a breach of these terms and conditions for use of this website. For the purpose of these terms and conditions, ‘Good faith’ shall mean a fair and open dealing in human interactions, with sincere, honest intentions or belief, regardless of the outcome of an action.

Breach of Advertising Rules:

A breach of the Adverting Rules shall constitute a breach of these terms and conditions. Click here to see the Adverting Rules.

Registered Address:

Machinesonline has its registered office at Christian Fox Accounting c/- Centennial House, 8 Ingleburn Road, Ingleburn, NSW, 2565 – Australia
PH +61 (02) 9829 3111 – EM andre@christianfox.net
Correspondence:
Correspondence should be directed to PO Box 79 Edgecliff NSW 2027 or emailed to pftdomains@gmail.com

Note:- If You have any questions concerning this website and/or any goods or services advertised on this website please contact us – Click Here