Terms & Conditions

Terms & Conditions

Everything Earthmoving – Website Terms and Conditions of Use

This website is owned by Everything Earthmoving (“We”, “Our”, “Us”). By using this website, you agree to these terms and conditions of use which you agree are reasonable. If you do not agree to these terms or do not believe they are reasonable, then do not continue to use our website.

We reserve the right to change these terms and conditions without notice to you. You can find the latest version of the terms and conditions at this webpage. You should check these terms and conditions each time you use our website.

These terms and conditions and your use of this website are subject to the applicable laws of New South Wales and you submit to the courts exercising jurisdiction.

Using our Website

1. In accessing and using our website, you agree that you will not:

a. use any automated device, software, process or means to access, retrieve, scrape, or index our Websites or any content on our Websites;

b. use any device, software, process or means to interfere or attempt to interfere with the proper working on our Websites;

c. undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;

d. use any content on, or index our Website for purposes of constructing or populating a searchable database of properties or competing with us in any manner or for the purposes of creating any derivative work, without first obtaining our written permission to do so;

e. transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;

f. use our Website or any content from our Website in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;

g. violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;

h. pose as any person or entity or attempt to solicit money, passwords or personal information from any person;

i. act in violation of any term or condition of use imposed by us or any applicable law;

j. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Website or any content on our Website, except as expressly authorised by us; or

k. transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature; or

l. compromise the security or integrity of any network or system including any part of our network.

2. We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access or use of our website.

Ownership of Copyright

3. The content on and accessible from our website and newsletters are copyright. We only permit you to download copyright material for private and non-commercial use.
4. For use and reproduction of our copyright material beyond private and/or non-commercial use, you must obtain written permission directly from us or the relevant copyright owner. 
5. We do not grant you any other rights in relation to our website or the material on this website. All other rights are reserved.

6. We cannot provide any warranty in relation to any goods or services advertised on our 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 or owned by the seller.
7. Our website is provided “as is” without any representations or warranties, express or implied, unless such warranties are legally incapable of exclusion.
8. Further to clause 7 above, we do not warrant that:
a. our website will be constantly available, or available at all, or free from fault; or
b. the information presented on our website is complete, true, accurate, current or not misleading.
9. By using this website, you acknowledge that you are responsible for making all relevant enquiries to ensure that any material or information on which you seek to rely is accurate. 
10. Nothing on our website constitutes, or is meant to constitute, advice of any kind. You acknowledge that there has been no reliance on our skill, judgment or any representation by us whatsoever by you in deciding whether our website is fit for any particular purpose. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Limitation of Liability

11. We, our affiliates, officers, employees, agents and partners will not be liable to you (whether under contract law, tort law or otherwise) in relation to the contents of, use of, or otherwise in connection with, our website (including without limitation arising from the use of the website, any inability to access the website or any part of it or a linked website):

a. to the extent that our website is provided free of charge, for any direct loss;
b. for any indirect, special or consequential loss; or
c. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

12. These limitations of liability will apply even if we have been expressly advised of the potential loss.
13. Nothing in these terms and conditions of use will exclude or limit any warranty implied by law that would be unlawful to exclude or limit.

Consent and data provided by Users

14. You hereby grant us and our service providers a worldwide, royalty free, irrevocable licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, sub-license, make derivative works of, and otherwise commercialize and exploit, details or information about you or that is posted or uploaded by you onto our website (“Uploaded Content”), including but not limited to your:

a. contact information; and
b. information or photographs you have provided us to be uploaded or entered into on our website; and
c. information available via your existing website content.

15. By using our website, you agree to the terms of our privacy statement concerning our use of your personal data.
16. You warrant that any Uploaded Content provided by you does not and shall not infringe upon or misappropriate any rights, including, without limitation, intellectual property rights, of any third parties or us and our service providers; and that such Uploaded Content is free of worms, viruses, Trojan Horses and other disabling code.
17. You agree to indemnify us and our service providers against any liability which we may incur to a third party whatsoever, howsoever and to whosoever, arising out of any breach of your warranties and out of the use of our website.

Links to Third Party Websites

18. You acknowledge that some links from our website lead to external websites that are maintained and hosted by third parties, over which we have no control and are in no manner responsible. When you are redirected to a third party website, you do so entirely at your own risk.
19. We make no warranty as to the accuracy and reliability of the information contained on any third party websites. We and our related entities, directors, employees, agents and partners disclaim any and all liability and responsibility for any direct or indirect loss or damage which you may suffer by relying on anything contained on, or omitted from, any third party website. 
20. The appearance of any advertising on our website does not imply an endorsement or recommendation by us. 

Goods and Services provided by Third Parties

21. Our website contains content provided to us by other parties (“Third Party Content”). We do not have a practice of monitoring or making enquiries about Third Party Content. We are not responsible for, nor do we endorse or make representations (either express or implied) concerning, Third Party Content.
22. Third Party Content does not represented our views and we do not act as any person’s agent or broker, arrange any contract between you and any person or provide any warranty in relation to any person’s goods or services.
23. By using our website, you hereby acknowledge that you rely on Third Party Content at your own risk and we 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.

Classified Ads Terms & Conditions

By submitting your listing you agree to the following Terms and Conditions set out below in addition to our standard Terms and conditions 

  1. Everything Earthmoving is not responsible for the content you provide in the classified sections and you hereby indemnify Everything Earthmoving against any losses as a result of placing this Classified Ad.
  2. Everything Earthmoving reserves the right to reject or remove any content from the site if we reasonably believe the content, or use of it, contravenes any Law, infringes or is likely to infringe the rights of third parties or is inappropriate, unsuitable, offensive, obscene, defamatory or indecent. 
  3. Any correspondence between yourself and any user of the Everything Earthmoving Classified Ad system is at your discretion. 
  4. You agree to receiving offers and questions directly to your Everything Earthmoving registered user account email address in relation to this Classified Ad.
  5. Any final agreements between you and other parties is at your mutual sole discretion and will not be entered into by Everything Earthmoving.
  6. You have the right any any time to remove this Classified Ad. 
  7. Once approved, this Classified Ad will be made available for viewing by users of the Everything Earthmoving Classified Ad system.
  8. You may, at your discretion, temporarily hide the ad or remove it entirely.