Frequently Asked Questions

Machinery Genie Information

What is Machinery Genie?

Machinery Genie is an online marketplace built to provide a powerful platform for machinery and industrial product vendors from all over the world. By signing up to become a vendor, you can set up your online store, enjoy the technical and marketing assistance of an award-winning support team and reach out to wider market base.

Behind Machinery Genie is a large team of digital marketing professionals and industrial Sales Engineers.

Aside from the maintenance of the web stores, we actively work refining online marketing aspects to ensure that all vendors receive the best possible product exposure on multiple platforms.

Who are the Machinery Genie Vendors?

At Machinery Genie, we carefully select premium vendors from different parts of the world, in particular those that offer highly viable or innovative products. Our aim is to develop a thriving, diverse marketplace that is specifically focuses on products related to machinery, industrial tools and accessories.

How does the registration process work?

Registration will only take 5 minutes, or less. It’s that easy!

Step 1: Navigate to the vendor registration page of the site:
https://www.machinerygenie.com.au/my-account/

Step 2: Fill up details on the Store Wizard Setup

Step 3: Select links on the Vendor Dashboard and start listing your products!

What if I am too busy or my company does not have the time or manpower to actively manage our Machinery Genie store?

Not a problem! Machinery Genie is backed by a hardworking team of digital marketers and technical sales engineers who can set up and manage your online shop for you at a minimal fee. Should you prefer this option, please email us at sell@machinerygenie.com.au and we will be happy to assist you.

We know machinery extremely well and understand how the industry works.

Seller Setup Information

Is there a setup fee involved?

Currently, there are no set fees involved. You can sign up and set up your store in less than an hour. We only charge a reasonable 8% marketing commission on every successful sale.

Is there a setup fee involved?

Currently, there are no set fees involved. You can sign up and set up your store in less than an hour. We only charge a reasonable 8% marketing commission on every successful sale.

What is the monthly subscription rate, if any?

Yes, Machinery Genie charges a small monthly fee to enable us to maintain and support this vibrant online marketplace.

How is the payment collected?

With Machinery Genie, you can receive your earnings via the following payout methods:

  • Paypal
  • Bank Transfer

The amount of money you earned by selling products on Machinery Genie is shown as Earnings, which you can view from the Seller Dashboard.

Will I get email notifications related to my product listings on Machinery Genie?

If your company has set up the store, then yes, you will receive notifications for every enquiry and purchases made on your online store. You only need to make sure you registered a working, active email address to ensure you receive the notifications.

How long can we sell products in our store?

Upon payment of your subscription, you are given the privilege to list as many products as you want and for a limited time, as long as your subscription with Machinery Genie is active.

Site Security Information

How is my information secured and protected?

Information is encrypted utilizing 128-bit SSL security. This system has been utilized in some form in the defense industry and is hardened against known security threats. Additionally, the registration system utilizes strong authentication and authorization controls.

Keeping your information private is vitally important to us. We comply with all applicable financial and information privacy and security laws. We are committed to respecting the confidentiality of all vendor information. The information you provide will only be used to assess your application for vendor status. It will not be shared with any third party without your express consent.

Membership Agreement

1. ACCEPTANCE OF TERMS

1.1 The following sets forth the terms and conditions of the MachineryGenie.com.au Membership Agreement (this “Agreement”) between you (“Member”) and MachineryGenie.com.au under which MachineryGenie.com.au offers you access to the Services through the web site MachineryGenie.com.au (the Site). As some or part of the Services (as defined in the MachineryGenie.com.au Terms of Use, as defined below) may be supported and provided by affiliates of MachineryGenie.com.au or third parties, MachineryGenie.com.au may delegate some of the Services to such affiliates or third parties, who you agree may invoice you for their part of the Services. Use of the Services indicates that you accept the terms and conditions set forth below. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE GIVING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, THE SITE’S SERVICES AGREEMENT, PRODUCT LISTING POLICY AND PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO AS THE “TERMS OF USE”). This Agreement will not take effect unless and until you have activated your Account. Terms not defined in this Agreement shall bear the same meaning as that contained in the Terms of Services.

1.2 MachineryGenie.com.au may amend this Agreement at any time by posting the amended Agreement on the Site. The amended Agreement shall be effective immediately upon posting. Posting by MachineryGenie.com.au of the amended Agreement and your continued use of the Services shall be deemed to be acceptance of the amended terms.

2. THE SERVICES

2.1 The Services will have the following core features, which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of MachineryGenie.com.au and notified to you (“Core Member Benefits“):

1. Company Profile – allows each Seller Member to display and edit basic information about its business, and products and Services offered, etc.

2. Products – allows each Seller Member to list items for sale including displaying and editing descriptions, specifications and images, and to sell such items through the platform.

3. Purchase – allows each Buyer Member to purchase items listed for sale by Seller Members

4. Review/Feedback – each Seller and Buyer Member may publish reviews and/or feedback in relation to transaction, including products and other parties.

2.2 MachineryGenie.com.au may suspend or terminate all or part of the above Core Member Benefits at any time in its sole discretion. MachineryGenie.com.au reserves the right to charge for the Services or any feature or functionality of the Services at any time in its sole discretion.

2.3 Benefits, features and functions available to a Member may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available to all members.

2.4 The availability of any transactional features and functions on the Site to any Member may be conditional on verification of Member’s identity and/or its designated bank account by MachineryGenie.com.au and/or its approved independent third parties.

2.5 MachineryGenie.com.au shall issue a Username and Password to each Member to access the Services through such Member’s Account. Each Member shall be solely responsible for maintaining the confidentiality of its Username and Password and for all activities that occur under the Username and Password. A set of Username and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Username or Password to or by another person outside of the Member’s business entity. Each Member acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, “multiple use”), may cause irreparable harm to MachineryGenie.com.au and each Member shall indemnify MachineryGenie.com.au against any loss or damages (including but not limited to loss of profits) suffered by MachineryGenie.com.au as a result of such multiple use of an Account. Each Member hereby undertakes to notify MachineryGenie.com.au immediately of any unauthorized use of its Account, Username or Password or any other breach of security. Each Member hereby agrees that MachineryGenie.com.au shall not be liable for any loss or damage arising from the Member’s failure to comply with this clause.

2.6 MachineryGenie.com.au reserves the right to change, upgrade, modify, limit or suspend the Services or any of its related functionalities or applications at any time temporarily or permanently without prior notice. MachineryGenie.com.au further reserves the right to introduce new features, functionalities, applications or conditions to the Services or to future versions of the Services. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by MachineryGenie.com.au.

2.7 Each Member hereby agrees that in no circumstances shall MachineryGenie.com.au be liable to the Member or any third parties for any inability to use the Services (whether due to disruption, changes to or termination of the Services or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Services or any Account.

3. MEMBER RESPONSIBILITIES

3.1 Each Member hereby represents, warrants and agrees to:

(a) provide true, accurate, current and complete information about itself and its business, references, products and services as may be required by MachineryGenie.com.au, including accurate address information; and
(b) maintain and promptly amend all information to keep it true, accurate, current and complete.

3.2 Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to MachineryGenie.com.au to display and use all information provided by such Member and to exercise the copyright, publicity, and database rights such Member has in such material or information, in any media now known or not currently known.

3.3 Each Member hereby represents, warrants and agrees that the use by such Member of the Services and the Site, and any material displayed on the Site by such Member does not:

1. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by any applicable law, or otherwise promote other illegal activities;

2. form part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose;

3. infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;

4. impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

5. violate any applicable law, statute, ordinance or regulation (including without limitation those governing export/import control, consumer protection, unfair competition, anti-discrimination or false advertising);

6. contain information that is defamatory, libellous, unlawfully threatening or unlawfully harassing;

7. contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;

8. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

9. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;

10. involve attempts to copy, reproduce, exploit or expropriate MachineryGenie.com.au’s various proprietary directories, databases and listings, or achieve such copies, reproductions, exploitation or expropriation;

11. involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

12. involve any scheme to undermine the integrity of the computer systems or networks used by MachineryGenie.com.au and/or any user of the Services or attempts to gain or the gaining of unauthorized access to such computer systems or networks;

13. link directly or indirectly to or include descriptions of goods or Services or other materials that violate any law or regulation or are prohibited under this Agreement or the Terms of Services; or

14. otherwise create any liability for MachineryGenie.com.au or its affiliates.

3.4 Each Member represents, warrants and agrees that with regard to information about or posted on behalf of any other business or entities, it has obtained all necessary consents, approvals and waivers from such businesses or entities to post and publish all such information on their behalf and/or act as their agent in doing so; and that third parties may contact such businesses to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member’s consent to be obtained before third parties may contact the business referees.

3.5 Members shall not take any action which may undermine the integrity of MachineryGenie.com.au’s feedback system, such as leaving positive feedback for himself using secondary Usernames or through third parties or by leaving unsubstantiated negative feedback for another Member.

3.6 Each Member acknowledges and agrees that MachineryGenie.com.au shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Services. MachineryGenie.com.au does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and acknowledges that they may be held legally liable or accountable for the content of their comments or other material or information which they publish on the Site or through the Services.

3.7 Each Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to MachineryGenie.com.au or authorizes MachineryGenie.com.au to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Each Member further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Site or provides to MachineryGenie.com.au or authorizes MachineryGenie.com.au to display.

3.7 If:

1. any Member breaches the representations, warranties and covenants of paragraphs 3.1, 3.2, 3.3, 3.4, 3.5, 3.6 or 3.7 above; or

2. MachineryGenie.com.au has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants; or

3. upon complaint or claim from any other Member or third party, MachineryGenie.com.au has reasonable grounds to believe that such Member has willfully or materially failed to perform its contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the Member has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party; or

4. MachineryGenie.com.au has reasonable grounds to believe that such Member has used a stolen credit card or other false or misleading information in any online transaction
then MachineryGenie.com.au has the right to suspend or terminate the Services and all Member Benefits with respect to such Member without any compensation, and restrict or refuse any and all current or future use of the Services or any other Services that may be provided by MachineryGenie.com.au to such Member. Further, MachineryGenie.com.au reserves the right in it sole discretion to place restrictions on the number of product listings that a Member can post on the Site for such duration as MachineryGenie.com.au may consider appropriate, and to remove any material it reasonably believes is unlawful, could subject MachineryGenie.com.au to liability, violates this Agreement or the Terms of Use or is otherwise found inappropriate in MachineryGenie.com.au’s opinion.

3.8 MachineryGenie.com.au reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, MachineryGenie.com.au may disclose the Member’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and MachineryGenie.com.au shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against MachineryGenie.com.au for such disclosure. In connection with any of the foregoing, MachineryGenie.com.au may suspend or terminate the Account of any Member as MachineryGenie.com.au deems appropriate in its sole discretion.

3.9 Each Member agrees to indemnify MachineryGenie.com.au, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of materials or deletion thereof, from such Member’s use of the Services or from such Member’s breach of this Agreement or the Terms of Use. Each Member further agrees that MachineryGenie.com.au is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. MachineryGenie.com.au reserves the right; at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with MachineryGenie.com.au in asserting any available defences.

4. TRANSACTIONS BETWEEN BUYERS AND SELLERS

4.1 Through the Site, MachineryGenie.com.au provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and Services between buyers and sellers. MachineryGenie.com.au reserves the right to limit certain features and functions of the platform to prescribed Members. Despite the provision of the platform through the Site, MachineryGenie.com.au does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the Site. MachineryGenie.com.au does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or Services offered for sale on the Site or the ability of the Members to complete any transaction.

4.2 Members are hereby made aware that there may be risks of dealing with people acting under false pretences. MachineryGenie.com.au cannot and does not confirm each member’s purported identity shown on the Sites. MachineryGenie.com.au recommends that you verify the identity of any other member prior to transacting with them.

4.3 Each Member acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions. Such risks shall include, but not be limited to, misrepresentation of products and Services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents (“Transaction Risks“). Each Member agrees that MachineryGenie.com.au shall not be liable or responsible for any damage, liability, cost, harm, inconvenience, business disruptions or expenditure of any kind that may arise a result of or in connection with any Transaction Risk or any other risk associated with using the Services.

4.4 Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

4.5 Each Member agrees to provide all information and materials as may be reasonably required by MachineryGenie.com.au in connection with its transactions made via the transactional platform on the Site. MachineryGenie.com.au has the right to suspend or terminate any Member’s Account if the Member fails to provide the required information and materials.

4.6 In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify MachineryGenie.com.au (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

5. INFORMATION POSTED ON AND OBTAINED FROM THE SITE

5.1 MachineryGenie.com.au encourages open, honest and respectful communication between Members.

5.2 Each Member acknowledges that all data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”), whether publicly posted or privately transmitted through the Site, are the sole responsibility of such Member from whom the content originated. This means that the posting Member, and not MachineryGenie.com.au, is entirely responsible for all content that is uploaded or posted via the Site. MachineryGenie.com.au does not control the content posted and therefore does not guarantee the accuracy, integrity or quality of such content.

5.3 MachineryGenie.com.au reserves the right to delete or edit any postings in its sole discretion without prior notice. MachineryGenie.com.au may monitor posting activities of any Member and may restrict their ability to post messages on the Site. Under no circumstances will MachineryGenie.com.au be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of the Site by such Member. Each Member agrees to evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. Each Member understands that by using the Site, such Member may be exposed to content that is offensive, indecent or objectionable.

5.4 Without prejudice to each Member’s responsibilities under Clause 3 of this Agreement, each Member agrees not to use the Site to:

1. upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

2. harm minors in any way;

3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;

4. “stalk” or otherwise harass another;

5. collect or store personal data about other users;

6. upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

7. upload, post or e-mail any content that infringes any intellectual property rights or other legitimate rights of any party;

8. upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, or any other form of solicitation;

9. upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

10. upload, post or e-mail any content that contains a complaint regarding MachineryGenie.com.au’s Services or refers to such a complaint on the Site or to any other Members – any such complaint must be directed to the customer service e-mail on the Site; or

11. violate any applicable national or international laws or regulations.

5.5 Each Member acknowledges that MachineryGenie.com.au does not pre-screen content but that MachineryGenie.com.au shall have the right (though not the obligation) in its sole discretion to move, modify or remove any content that is posted or uploaded on the Site.

5.6 Each Member grants to MachineryGenie.com.au a perpetual, world-wide, royalty-free irrevocable, non-exclusive licence (including the right to sub-license through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) such Member uploaded, posted or supplied to MachineryGenie.com.au for posting on the Sites and/or to incorporate such content in other works in any form, media or technology now known or developed.

5.7 Each Member shall indemnify and hold MachineryGenie.com.au and its subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content such Member uploaded, posted or e-mailed on or through the Site, or such Member’s breach of the provisions set out in Clause 5.4.

5.8 On being made aware of any such breaches, MachineryGenie.com.au may ban, delete or prohibit any content that relates to those breaches or that MachineryGenie.com.au in its sole discretion consider to be harmful to the public or the rights of MachineryGenie.com.au or any of its affiliates, licensors, partners or Members.

5.9 MachineryGenie.com.au reserves the right to take whatever action it deems necessary to prevent a Member’s breach of Clause 5.4 including the following:

1. issuing a warning letter to the relevant Member (where the breaches are deemed by MachineryGenie.com.au to be minor); or

2. banning the relevant Member from the Site (where the breaches are deemed by MachineryGenie.com.au to be major).
All incidents will be logged and MachineryGenie.com.au’s decision shall be final in all such cases.

5.10 All information and/or other content posted on the Site by the MachineryGenie.com.au team or by Members or third party partners is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members are encouraged to seek independent professional advice where appropriate.

6. LIMITATION OF LIABILITY

6.1 To the fullest extent permitted by law, the Services are provided on an ‘as is’ and ‘as available’ basis and MachineryGenie.com.au hereby expressly disclaims any and all warranties, express or implied, including but not limited to ay warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular use, or non-infringement. All such warranties, representations, conditions, undertakings, and terms are hereby excluded.

6.2 To the fullest extent permitted by law, MachineryGenie.com.au makes no representations or warranties about the validity, accuracy, reliability, quality, stability, completeness or currentness of any information provided on or through the site.

6.3 Any material downloaded or otherwise obtained through the use of the Services is done at each Member’s sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from MachineryGenie.com.au or through or from the Services shall create any warranty not expressly stated in this Agreement.

6.4 The Site may make available to Users Services or products provided by independent third parties. No warranty or representation is made with regard to such Services or products. In no event shall MachineryGenie.com.au and its affiliates be held liable for any such Services or products.

6.5 Under no circumstances shall MachineryGenie.com.au be held liable for an delay or failure or disruption of the Services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

6.6 MachineryGenie.com.au shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

1. the use or the inability to use the Services;

2. any defect in goods, samples, data, information or Services purchased or obtained from a Member or a third-party Services provider through the Site;

3. unauthorized access by third parties to data or private information of any

Member;

4. statements or conduct of any user of the Site; or

5. any other matter relating to the Services however arising, including negligence.

6.7 Notwithstanding any of the foregoing provisions, the aggregate liability of MachineryGenie.com.au, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Member for all claims arising from the use of the Services or the Site shall be limited to AUD$1000. The preceding sentence shall not preclude the requirement by the Member to prove actual damage. All claims arising from the use of the Services must be filed within either one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Agreement.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 MachineryGenie.com.au is the sole owner or lawful licensee of all the rights to the Services. The Services embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Services shall remain with MachineryGenie.com.au or its affiliates. All rights not otherwise claimed under this Agreement or by MachineryGenie.com.au are hereby reserved.
7.2 “MachineryGenie.com.au” and related icons and logos are registered trademarks or trademarks or Services marks of Capital Machinery Sales Pty Ltd, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

8. GENERAL

8.1 This Agreement and the Terms of Use constitute the entire agreement between the Member and MachineryGenie.com.au with respect to and governs the use of the Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

8.2 MachineryGenie.com.au and the Member are independent, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

8.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

8.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

8.5 MachineryGenie.com.au’s failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive MachineryGenie.com.au’s right to act with respect with subsequent or similar breaches, nor create any liability for any loss or damage to any party.

8.6 MachineryGenie.com.au shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of MachineryGenie.com.au). The Member may not assign, in whole or part, this Agreement to any person or entity.

8.7 This Agreement shall be governed by the laws of the State of Victoria, Australia and the parties to this Agreement hereby submit to the exclusive jurisdiction of the Courts of that State.

8.8 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.

8.9 The term “User” when used in this agreement means any person or entity that uses the Site, whether or not such person or entity purchases or sells any goods or services, and includes a Member.
In this agreement “MachineryGenie.com.au” means Capital Machinery Sales Pty Ltd ACN 113 895 097.

Pricing Disclaimer

We make reasonable efforts to provide accurate information about prices on the Site. Nevertheless, pricing errors may appear on the Site. Accordingly, we do not guarantee the prices set forth on the Site and reserve the right to cancel any order for an item that was based on a pricing error on the Site. If your order is cancelled due to a pricing error on the Site, we will notify you of the cancellation. Prices on the Site are subject to change without notice.

Product Listing Policy

This policy applies to all listings on the MachineryGenie.com.au site and is incorporated into the Terms of Service.  Members must follow this policy at all times. Failure to comply with this policy may result in temporary or permanent suspension of membership and other penalties in accordance with the General Terms.

  1. GENERAL PROHIBITIONS:

1.1 You may not post or sell any item that is restricted or prohibited by a federal, state or local law in any country or jurisdiction. Please be aware that MachineryGenie.com.au site (”the Site”) functions as a global marketplace, thus the selling or posting of items may be prohibited because of laws outside of the jurisdiction where you reside.  Below, we have listed some categories of prohibited or restricted items. However, this list is not exhaustive. You, as the seller, are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction.

1.2 MachineryGenie.com.au also prohibits the posting of other categories of items which may not be restricted or prohibited by law, but which we believe may bring the Site into disrepute.

1.3 MachineryGenie.com.au, in its sole and exclusive discretion, reserves the right to impose additional restrictions and prohibitions.

  1. Posting, listing for sale,  selling, or advertising in any way of the following items on the Site is strictly prohibited:

2.1 artifacts, cultural relics, historical grave markers, and related items protected under the laws of any jurisdiction.

2.2 gold, silver, other precious metals (excluding jewellery), rare animals and their products.

2.3 currency, coins, bank notes, bonds, money orders, currency in digital or any intangible form (e.g. crypto-currency) and other securities, as well as the equipment and materials used to produce such items;

2.4 Counterfeits of the identified articles in 2.3, legal tenders and stamps;

2.5 reproductions or replicas of coins as collectible items unless they are clearly marked with the word “COPY”, “REPRODUCTION” or “REPLICA” and compliant with all relevant laws.

Credit and debit cards

2.6 Card readers.

2.7 stocks, bonds, credit, investment interests, or other securities.

2.8 listings that offer financial services, including money transfers, issuing bank guarantees and letters of credit, loans, fundraising and funding for personal investment purposes etc.

2.9 narcotics, steroids, poppy seeds, poppy seed products or other controlled substances (including all drugs listed in Schedules I, II, III, IV or V of the Uniform Controlled Substances Act, 21 U.S.C. 801 et seq.);

2.10 psychotropic drugs;

2.11 drug paraphernalia, including all items that are primarily intended or designed for use in manufacturing, concealing, or using a controlled substance,  including, but are limited to those items used for the ingestion of illicit substances including pipes such as water pipes, carburetor pipes, chamber pipes, ice pipes, bongs etc.

2.12 Postings that are ethnically or racially offensive; (Occasionally, if materials are of historical value or include terms which may be considered offensive are integral to the item (such as a book title), members may use offensive words and phrases in the subject and description of a posting (unless the item itself is offensive). MachineryGenie.com.au reserves the sole discretion to remove such items and encourages all members to treat others as they themselves would like to be treated and exercise sensitivity.

2.13 arms, ammunition, military ordnances, weapons (including explosive weapons), air guns, BB guns, paintball guns, harpoons, spear guns, or any other weapons that may discharge a projectile containing any gas, chemicals, or explosive substances. and/or integral or essential parts and components of such items;

2.14 replicas of the items listed in 2.13;

2.15 explosives, fireworks and related ignition and detonation equipment;

2.16 any service, instruction, processing, or aid for producing any biological, chemical, or nuclear weapons, or any other Weapons of Mass Destruction (WMD) or known associated agents  or any weapon whatsoever.

2.17 switchblade knives, gravity knives, bladed handheld devices, lock blade knives, knives with blades over 10cm in length, knives with fullers (blood grooves) and disguised knives;

2.18 Batons, stun guns, crossbows, knuckledusters, pepper spray and other weapons;

2.19 Alcohol;

2.20 Food and beverages;

2.21 tobacco products, including but not limited to cigars, cigarettes, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco and tobacco leaf;

2.22 electronic cigarettes and accessories;.

2.23 liquids for use in electronic cigarettes;

2.24 Equipment used in the processing of tobacco and manufacture of tobacco products;

2.25 Items that claim to be, or appear similar to, official government identification documents or licenses, such as birth certificates, driving licenses, visas or passports and completed applications for such documents containing personal information;

2.26 Fake identification cards or any items that are designed for the production of such cards (e.g. ID card holograms);

2.27 Articles of clothing or identification that claim to be, or appear similar to, official government uniforms;

2.28 Military decorations, medals and awards, in addition to items with substantially similar designs;

2.29 any chemical products;

2.30 hazardous or dangerous materials (such as the categories of dangerous goods as defined under the International Maritime Dangerous Goods Code);

2.31 any products containing harmful substances (e.g. toys containing lead paint);

2.32 Automotive airbags;

2.33 Asbestos materials and/or products containing asbestos;

2.34 any humans, the human body, or any human body part or product, including, but not limited to organs, bones, blood, sperm and eggs, excluding Items made of human hair, such as wigs.

2.35 any form of invoice or receipt (including blank, pre-filled, or value added invoices or receipts);

2.36 bulk email or mailing lists that contain personally identifiable information including names, addresses, phone numbers, fax numbers and email addresses;

2.37 Software or other tools which are designed or used to send unsolicited commercial email (i.e. “spam”).

2.38 Non-transferable items such as lottery tickets, airline tickets and event tickets;

2.39 law enforcement badges or official law enforcement equipment from any public authority, including badges issued by the government of any country excepting Badges and souvenir   items that are clearly not genuine or official (e.g. toy badges) and Historical badges that do not resemble modern law enforcement badges, provided that the item description clearly states that the badge is a historical piece at least 75 years old or issued by an organization which no longer exists.

2.40 Police uniforms;

2.41 pornographic material including depicting exploitation of minors, bestiality, rape, sex, incest or sex with graphic violence or degradation, SM products, novelty sexually explicit items, including various types of toys, collectibles, or food items in the shape of genitalia primarily intended for adult buyers.  The Site should be child friendly and this should be kept in mind with any listing;

2.42 Listings and products containing offensive language.

2.43 medical drugs, regardless whether classified as prescription, over-the-counter (OTC), vaccine or other types;

2.43 sexual enhancement and weight loss supplements;

2.44 medical devices;

2.45 Veterinary drugs and devices;

2.46 medical or healthcare services, including services for medical treatment, rehabilitation, vaccination, health checks, psychological counselling, dietetics, plastic surgery, massage etc.;

2.47 counterfeits, non-licensed replicas, or unauthorized items, such as counterfeit designer garments, watches, handbags, sunglasses, or other accessories, machinery, equipment, parts  or consumables;

2.48 Descramblers or other items that can be used to gain unauthorized access to television programming (such as satellite and cable TV), internet access, telephone, data or other protected, restricted, or premium services, including smart cards and card programmers, descramblers, DSS emulators and hacking software.

2.49 information on “how to” descramble or gain access to cable or satellite television programming or other services without authorization or payment.

2.50 Any and all unauthorized circumvention devices not included in the above;

2.51 Devices designed to intentionally block, jam or interfere with authorized radio communications, such as cellular and personal communication services, police radar, global positioning systems (GPS) and wireless networking services (Wi-Fi);

2.52 spy equipment;

2.53 devices used for interception of wire, oral and electronic communications;

2.54 Hidden photographic devices;

2.55 stolen property;

2.56 Any article of clothing or identification related to transportation industries, including but not limited to, commercial airline pilot uniforms, flight attendant uniforms, airport service personnel uniforms, uniforms related to railway industries, and uniforms of security personnel of public transport industries. Excepting vintage clothing related to commercial airlines or other public transport, provided that the item description clearly states that the item is at least 10 years old, is no longer in use by the airline or other public transport authority and does not resemble any current uniform.

2.57 Manuals or other materials related to mass commercial public transportation, including safety manuals published by commercial airlines or entities operating subways, trains or buses.

2.58 Any official, internal, or non-public documents of any company, or government body or other body.

2.59 unauthorized (pirated, duplicated, backup, bootleg etc.) copies of software programs, video games, music albums, movies, television programs, photographs or other protected works;

2.60 Used undergarments .Other used clothing may be listed, so long as the clothing has been thoroughly cleaned. Postings that contain inappropriate or extraneous descriptions will be removed;

2.61 used cosmetics;

2.62 any animal (live or otherwise) or animal part (including pelts, skins, organs, teeth, claws, shells, bones, tusks, ivory and other parts)

2.63 products made with any part of and/or containing any ingredient derived from sharks or marine mammals or made from cats, dogs, bears, and any processing equipment.

2.64 textile quota;

2.65 crude oil;

2.66 petroleum, petroleum products and petrochemical products;

2.67 Items containing the likeness, image, name, or signature of another person, unless the products were made or authorized by the person whose likeness, image, name or signature has been used.

 

This list is not exhaustive and shall be updated on a continuous basis. If you are unsure about the product you wish to list with the Site, please contact our customer service department.

  1. ADDITIONAL RULES

3.1 You are responsible for ensuring that your transaction is lawful and not in violation of any contractual obligation. Before posting an item on the Site, you should carefully read any contracts that you have entered into that might limit your right to sell your item on the Site. Some items, such as airline tickets, event tickets have terms printed on the item that may limit your ability to sell that item. In other cases, such as when you are distributing a company’s products, you may have signed a separate contract restricting your ability to market the product.  Listing any product on the Site in breach of such obligations is prohibited.

 

  1. ACTION THAT MAY BE TAKEN BY MACHINERYGENIE.COM.AU

4.1 A violation of this policy may result in the notification of relevant government  and law enforcement authorities and your membership being suspended or cancelled.

4.2  In determining whether listings or information should be removed from the Site, we consider the overall content of the posting, including photos, pictorials and text.

4.3 MachineryGenie.com.au supports and cooperates with law enforcement efforts involving the recovery of stolen property and the prosecution of responsible individuals. If you are concerned that the images and/or text in your item description have been used by another Site user without your authorization, or that your intellectual property rights have been violated by such user, please contact our  customer service team.

Services Agreement

This MachineryGenie.com.au Services Agreement contains the terms and conditions on which you conclude online transactions for products and services on MachineryGenie.com.au (“the Site”).

  1. Application and Acceptance of Terms

1.1 Contracting Party. This Agreement is entered into between the entity whose details are entered in the membership details and in whose name a membership is registered (also referred to as “you” and/or “Member” hereinafter) and MachineryGenie.com.au (or “we”) for use of MachineryGenie.com.au’s Services as described below.

1.2  Transactional Terms.

MachineryGenie.com.au provides an online transaction platform and ancillary services (“Services”) on the MachineryGenie.com.au site which allows registered members to conclude online transactions for products or services within the MachineryGenie.com.au Site (“the Site”)  subject to the terms of this Agreement.  MachineryGenie.com.au may publish transaction rules, dispute rules and other rules and policies for any type of online transaction and any subsequent amendments or modifications as may be made from time to time (together, “Transactional Terms”).  Such Transactional Terms (as amended from time to time) are expressly incorporated into this Agreement by reference and you agree to be bound by such rules and policies.

As some or part of the Services may be supported and provided by affiliates of MachineryGenie.com.au and/or third parties, MachineryGenie.com.au may delegate some of the Services to such affiliates and/or third parties, who you agree may invoice you for their part of the Services.

1.3  General Terms. You agree that you shall also comply with relevant rules and policies published on the MachineryGenie.com.au Site which are also hereby incorporated into this Agreement by reference (“General Terms”).   The General Terms include without limitation:

 

1.4 Binding Agreement. This Agreement, including the Transactional Terms and the General Terms, form a legally binding agreement between you and MachineryGenie.com.au in relation to your use of the Services.  By accessing and using the Services, you agree to accept and be bound by this Agreement.

1.5 Amendments.You acknowledge and agree that MachineryGenie.com.au may amend any terms of this Agreement including the Transactional Terms and the General Terms at any time by posting the relevant amended and restated version on the Site.  The amended terms shall be effective immediately upon posting.  By continuing to use the Services, you agree that the amended terms will apply to you.   This Agreement may not otherwise be amended except in writing by an authorized officer of MachineryGenie.com.au.

 

1.6 Language Version. Unless otherwise agreed, if MachineryGenie.com.au has posted or provided a translation of the English version of any terms of this Agreement including the Transactional Terms and the General Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Services.

1.7 MachineryGenie.com.au Affiliates and Third Parties.  Some of the Services may be performed or supported by our affiliates and/or third parties.  You consent to this and agree that such affiliates and/or third parties may invoice you separately for such services, and you agree to pay such invoices. You also agree that MachineryGenie.com.au is not liable for any damage, loss or cost incurred or injury suffered as a result of your use of such Services supplied by third parties.

1.8 Additional Terms.  In some cases, you may be required to enter into a separate agreement with MachineryGenie.com.au or our affiliates or third parties in connection with the Services (“Additional Terms”).  If there is any contradiction between the provisions of this Agreement and the provisions of the Additional Terms, the Additional Terms shall govern the relevant types of Services or Online Transactions, as appropriate.

1.9 Membership Services.  Unless otherwise stipulated in this Agreement or the Membership Agreement, in the case of inconsistency between this Agreement and the Membership Agreement, the Membership Agreement shall apply.

 

  1. Services

2.1 Services.  MachineryGenie.com.au’s Services are designed to facilitate registered members of the MachineryGenie.com.au Site to place, accept, manage and fulfill orders for the provision of products and services online on the Site (“Online Transactions”), which may include certain services which will be supported by MachineryGenie.com.au or its affiliates. MachineryGenie.com.au reserves the right to change, upgrade, modify, limit or suspend the Services or any of its related functionalities or applications at any time temporarily or permanently without prior notice. MachineryGenie.com.au further reserves the right to introduce new features, functionalities or applications to the Services or to future versions of the Services. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise expressly stated by MachineryGenie.com.au.

 

2.2 Members Only.  MachineryGenie.com.au’s Services are only available to registered members of the MachineryGenie.com.au Site.  If your subscription expires or is terminated for any reason, you are not eligible to use the Services.  In the event that you have a valid Online Transaction under this Agreement whilst your registration on the Site is terminated, MachineryGenie.com.au shall have the full discretion and authority to cancel the Online Transactions as MachineryGenie.com.au considers appropriate, or to allow it to proceed subject to conditions which MachineryGenie.com.au deems appropriate.   If you are a Seller, you are required to provide a valid credit card subject to verification and confirmation by MachineryGenie.com.au and our affiliates. MachineryGenie.com.au shall not be liable to any party as a result of allowing a transaction to proceed or the cancellation of a transaction.

2.3 Types of Transactions.  For any type of Online Transaction, MachineryGenie.com.au may limit any or all of the Services to a specified group of members in accordance with the relevant Transactional Terms.  The types of Online Transactions and other benefits, features and functions of the Services available to a registered member may vary for different countries and regions.  No warranty or representation is given that the same type and extent of transactions, benefits, features and functions will be available to all members.

2.4 Lawful Items. The products or services of an Online Transaction using the Services must be lawful items and must not be otherwise prohibited or restricted by this clause 2.4.  You shall not use the Services in connection with any Online Transaction that:

(a)  may infringe MachineryGenie.com.au’s or any third party’s legitimate rights including but not limited to copyright, trademark right, patent or other intellectual property rights;

(b) may be in breach of the Product Listing Policy or the Intellectual Property Rights Policy;

(c) may be in breach of other terms of this Agreement including the Transactional Terms and the General Terms; or

(d) may infringe any applicable law of any jurisdiction.

 

MachineryGenie.com.au shall have the right to refuse or cancel any Online Transaction which it has reasonable grounds to believe is in breach of this clause 2.4 without liability.  MachineryGenie.com.au shall not be liable to any party as a result of allowing a transaction to proceed or the cancellation of a transaction.

 

2.5 Refuse or Cancel Transactions.  Apart from clause 2.4, MachineryGenie.com.au reserves the right, at our sole discretion, to refuse or cancel any Online Transaction for any reason. Some situations that may result in an Online Transaction being rejected or cancelled include where MachineryGenie.com.au has reason to believe the Online Transaction is unauthorized, violates any law, rule or regulations or may otherwise subject MachineryGenie.com.au or any of our affiliates to liability.  MachineryGenie.com.au may also require additional verifications or information for any Online Transaction. If an Online Transaction is cancelled both parties will be notified.  MachineryGenie.com.au shall not be liable to any party as a result of allowing a transaction to proceed or the cancellation of a transaction.

 

2.6 Transactional Terms Violations.  For any type of Online Transaction, MachineryGenie.com.au may impose additional restrictions, limitations and prohibitions as well as penalties for any violations in the relevant Transactional Terms.

 

2.9 Disputes between Buyers and Sellers.

Machinery.Genie.com recommends that you use the third party payment options which provide added security and dispute resolution services, including escrow for all transactions.  You acknowledge the inherent risk associated with purchasing and selling goods online and that MachineryGenie.com.au recommends that you independently verify the identity of other parties prior to entering into any transaction.  Feedback can be given in relation to a transaction within the Site.  All members are responsible for the material they publish and to ensure its accuracy.

 

  1. Transactions between Sellers and Buyers

3.1 Seller and Buyer.  For the purpose of this Agreement, the term “Seller” means the registered member who supplies the product(s) or service(s) under an Online Transaction, and the term “Buyer” means the registered member who purchases or acquires the product(s) or service(s) under an Online Transaction.

3.2 Online Order.  Seller and Buyer shall enter into an Online Transaction for products or services by completing, submitting and accepting an order online using the applicable standard order form on the MachineryGenie.com.au Site.  Seller and Buyer yourselves shall be responsible for ensuring that you have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant online order form, including but not limited to the pricing, quantity, specifications, quality standards, inspection, shipping etc.   MachineryGenie.com.au may refuse to process or cancel any Online Transaction which in MachineryGenie.com.au’s reasonable opinion, has insufficient information to constitute a binding contract.  MachineryGenie.com.au shall not be liable to any party as a result of allowing a transaction to proceed or the cancellation of a transaction.

3.3 Online Transactions Subject to This Agreement.

An Online Transaction is additionally subject to the applicable terms and conditions set forth in this Agreement and the Transactional Terms.  Seller and Buyer shall complete the Online Transaction according to the terms of the online order, the relevant Transactional Terms and this Agreement.  Seller or Buyer may only cancel any Online Transaction according to the relevant Transactional Terms.

3.4 Transaction between Seller and Buyer Only. Each Online Transaction is made by and between a Seller and a Buyer only.   Despite the fact that MachineryGenie.com.au provides the Services and, if applicable, may conduct a review of an Online Transaction, MachineryGenie.com.au shall not be considered a party to the Online Transaction.  MachineryGenie.com.au does not represent Seller or Buyer in any Online Transaction.  MachineryGenie.com.au will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online Transaction or the ability of either Seller or Buyer to complete any Online Transaction.  You agree that you will not hold MachineryGenie.com.au and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction.

3.5 Payment of Contract Price.  For any Online Transaction, Buyer agrees to pay the full transaction price listed for the Online Transaction to the Seller through one or more of the options listed for that Online Transaction on the Site unless another option is made available directly by MachineryGenie.com.au on the MachineryGenie.com.au Site.  The Seller agrees that the Buyer’s full payment of the transaction price listed for the Online Transaction via one or more of the Seller’s nominated methods (including any escrow service) constitutes final payment to Seller and Buyer’s payment obligation for the Online Transaction is fully satisfied upon receipt of funds by the Seller.

3.6 Payment Methods.  Please note that the payment methods available on the MachineryGenie.com.au Site may be provided by unrelated third parties. Your use of such services shall be in accordance with the relevant service provider’s terms of use.  You acknowledge and agree that such third party service provides are engaged at your own discretion and cost and that you will not hold MachineryGenie.com.au and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from the services of such third party service providers.

3.7 Third Party Vendors.  You may engage one or more third party vendors for the purpose of completing and fulfilling an Online Transaction such as the warehousing and logistic service companies, shipping agents, inspection agents, insurance companies, etc.   Some of such third party vendors may be partners of MachineryGenie.com.au and thus designated by MachineryGenie.com.au to you.  Among such designated partners, you may be required to agree and accept the terms and conditions of their services.  Notwithstanding the foregoing circumstances, for all third party vendors, you acknowledge and agree that such third party vendors are engaged at your own discretion and cost and that you will not hold MachineryGenie.com.au and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from the services of such third party vendors.

3.8 Your Agent. If you are required to conclude and complete an Online Transaction through an agent e.g. a Seller may be required to engage a qualified import and export agent as its export agent, such agent is merely an agent of you.   If any obligations are required to be performed by the agent, you shall remain solely liable to the other party of the Online Transaction for the non-performance or default by your agent.

4. MachineryGenie.com.au Service Fees

4.1 Service Fees. MachineryGenie.com.au charges service fees for Online Transactions and advertising according to the fee schedules posted by MachineryGenie.com.au on the Site.  MachineryGenie.com.au reserves the right to charge any  fees upon reasonable prior notification published on the Site.   MachineryGenie.com.au does not have any control over, and is not responsible or liable for, the products or services that are paid for through an Online Transaction. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. Seller Members authorise MachineryGenie.com.au to charge their credit card with such fees, and agrees that such fees remain payable in the event of a dispute between the parties, and if the purchase price is refunded.

4.2 Third Party Fees Not Included. The service fees charged by MachineryGenie.com.au do not include any fees for any service or product that you may acquire or purchase in connection with the Online Transaction or Advertising.  It shall be your responsibility to settle the fees with such third party vendors including PromisePay or other Escrow service and PayPal.

4.3 Taxes, Financial Charges Not Included. All fees quoted by MachineryGenie.com.au are exclusive of any taxes eg GST, duties or other governmental levies or any financial charges, unless stated otherwise.   You agree to pay and be responsible for any taxes, duties, levies or charges for the use of the Services in addition to our service fees. In the event MachineryGenie.com.au is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to MachineryGenie.com.au.

  1. Member’s Responsibilities

5.1 Provision of Information and Assistance.  You agree to give all notices, provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for the completion of the Online Transactions and MachineryGenie.com.au’s provision of the Services.  If your failure to do so results in delay in the provision of any Transaction Service, cancellation of any Online Transaction, or disposal of any funds, MachineryGenie.com.au shall not be liable for any loss or damages arising from such default.

 

5.2 Representations and Warranties.  You represent and warrant to MachineryGenie.com.au and other members that:

(a)  you will use the Services in good faith and in compliance with all applicable laws and regulations,including laws related to anti-money laundering and counter-terrorism financing;

(b)  all information and material you provide in connection with the use of the Services and the products advertised is true, lawful and accurate, and is not false, misleading or deceptive;

(c)  you will not use the Services to defraud MachineryGenie.com.au, our affiliates or partners, or other members or users of the MachineryGenie.com.au Site or engage in other unlawful activities (including without limitation dealing in products prohibited by law); and

(d)  if you are a Seller of products, you have the legitimate right and authorization to sell, distribute or export the products using the Services and such products do not infringe any third party’s rights; and

(e) if you are a Seller of products, you have good title to the products ordered under the Online Transaction, and the products meet the agreed descriptions and requirements; and

(f) if you are a Seller of services, you will provide the services ordered with reasonable care and skill;

(g) if you are a Buyer you will make payment in accordance with the sale transaction details.

5.3 Breaches. If you are, in MachineryGenie.com.au’s opinion, not acting in good faith, abusing the Services, or otherwise in breach of this Agreement, MachineryGenie.com.au shall have the right to cancel the relevant Online Transaction(s).  MachineryGenie.com.au also reserves the right to impose any penalty, or to temporarily or permanently suspend or terminate your use of the Services, and/or temporarily or permanently suspend or terminate or procure the suspension or termination of your paid or free membership on the MachineryGenie.com.au Site.  MachineryGenie.com.au also reserves the right to temporarily suspend the transaction functionalities of your account with MachineryGenie.com.au for a prescribed period determined by MachineryGenie.com.au, or permanently terminate the use of your MachineryGenie.com.au account.  MachineryGenie.com.au may also publish the findings, penalties and other records regarding the breaches on the MachineryGenie.com.au Site.  MachineryGenie.com.au and its affiliates and partners shall not be liable to any party for any loss or damage suffered as a result of such action taken under this clause, or the failure of MachineryGenie.com.au to take any action under this clause.

5.4 Obligations to Pay Taxes.  The Buyer shall be solely responsible for payment of any taxes, duties or other governmental levies or any charges or fees that may be imposed on any products or services purchased or supplied under or in connection with the Online Transactions (including any import taxes, duties and GST/VAT or like taxes), unless the listing specifies otherwise.

 

5.5 Feedback System.  You shall not take any action which may undermine the integrity of MachineryGenie.com.au’s feedback system, such as providing positive feedback on oneself on the Site using secondary Member IDs or through third parties or by providing unsubstantiated negative feedback on another member on the Site.

 

5.6 Indemnification by Member.   You agree to indemnify MachineryGenie.com.au and our affiliates, employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the Services or from your breach of this Agreement, and any breach of this Agreement by any other Member and any action taken by MachineryGenie.com.au in accordance with this Agreement.  MachineryGenie.com.au reserves the right, at our own discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with MachineryGenie.com.au in asserting any available defences.

5.7  Collection and Use of Information.

You acknowledge and agree that MachineryGenie.com.au may, through your use of the Services, collect information about you and your Online Transactions, including but not limited to your credit information, business information, personal information (such as applicant name and home address), and financial information (the “Collected Information”).  MachineryGenie.com.au reserves the right to use the Collected Information for the purposes set forth in this Agreement and in the manner set out in the Website’s Privacy Policy.  You further acknowledge and agree that MachineryGenie.com.au may use the Collected Information for use in the operation, marketing and promotion of the Website as well as the Website’s products and services.

 

  1. Confidentiality

6.1 Confidentiality Obligations.  You shall keep confidential all confidential information provided by other members of the Site or MachineryGenie.com.au in connection with any Online Transaction or the Services.

6.2 Confidential Information.  All information and material provided by another member of the Site or MachineryGenie.com.au will be deemed to be confidential information unless such information or material is already in the public domain or has subsequently become public other than due to your breach of the confidentiality obligations.

  1. Disclaimer and Limitation of Liability

7.1 No Warranty.  You expressly agree that your use of the Services is at your sole risk.  To the fullest extend allowed by law the Services are provided on an ‘as is, as available”  and ‘with all faults’ basis and MachineryGenie.com.au makes no representation or warranty that the Services will be uninterrupted, timely or error free.   MachineryGenie.com.au makes no representation or warranty with respect to the accuracy, truthfulness and/or completeness of the information provided by any member of the SIte.  You will be solely responsible for all consequences resulting from your own judgement and decision to use to otherwise rely on such information. MachineryGenie.com.au and our affiliates further expressly disclaim any and all warranties, express or implied, including but not limited to  any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose, compliance with any regulatory requirements, (including health and safety requirements) or non-infringement even if advised of the possibility of such damage or if such possibility was reasonably foreseeable.   All such warranties, representations, conditions, undertakings and terms are hereby disclaimed and excluded to the fullest extent permitted by law.

7.2 Exclusion and Limitation of Liabilities. To the fullest extend allowed by law, MachineryGenie.com.au shall not be liable for any indirect, consequential, incidental, special or punitive damages all including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss or data, whether in contract, negligence, tort, equity or otherwise, arising from the use or inability to use the Services.  The aggregate liability of MachineryGenie.com.au and our affiliates and agents arising from the Services in connection with any online transaction shall not exceed AUD$1000.

  1. Force Majeure

8.1 Force Majeure. Under no circumstances shall MachineryGenie.com.au and our affiliates and agents be held liable for any delay or failure or disruption of the Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, acts of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals.

 

  1. Notices

9.1 Notices.  Except as explicitly stated otherwise, legal notices shall be served on you by sending notices to the email address in your latest membership profile on the Site.  Notice shall be deemed given 24 hours after email is sent.   Alternatively, we may give you legal notices by mail to the address in your latest membership profile in which case the notice shall be deemed given five days after the date of mailing.  Except as explicitly stated otherwise, legal notices shall be served on MachineryGenie.com.au by sending the notices to MachineryGenie.com.au at info@MachineryGenie.com.au.

  1. Governing Law; Jurisdiction

10.1 Governing Law.  This Agreement shall be governed by the laws of the State of Victoria, Australia without regard to conflict of laws principles.

 

10.2 Mediation.

10.2.1 Before court or arbitration proceedings other than for urgent interlocutory relief may be commenced, the following steps must be taken to attempt to resolve any dispute between you and Machinery.Genie.com that arises out of or in connection with this agreement (including any dispute as to the validity, breach or termination of the agreement, or as to any claim in tort, in equity or pursuant to any statute).

10.2.2 Notice (the notice of dispute) must be given in writing by the party claiming that a dispute has arisen to the other party (or parties) to this contract specifying the nature of the dispute.

10.2.3 Upon receipt of the notice of dispute, the parties must attempt to agree upon an appropriate procedure for resolving the dispute.

10.2.4 If within 10 business days of receipt of the notice of dispute the dispute is not resolved or an appropriate alternative dispute resolution process is not agreed, then the parties shall refer the dispute to Resolution Institute, (ACN 008 651 232; Level 2, 13-15 Bridge Street, Sydney NSW 2000; email: infoaus@resolution.institute; telephone: (61-2) 9251 3366, for facilitation of a mediation in Melbourne, Victoria  in accordance with Resolution Institute’s Mediation Rules.

10.2.5 The parties must co-operate with Resolution Institute as facilitator.

10.2.6 If within 10 business days after referral of the dispute to Resolution Institute the parties have not agreed upon the mediator or other relevant particular the mediator and any other relevant particular will be determined in accordance with Resolution Institute’s Facilitation Rules. 10.8 This clause will remain operative after the contract has been performed and notwithstanding its termination.

10.2.7 The parties shall bear the cost of the mediation equally.

 

10.3 Limitation Period.  In any event, you may not make any claim against MachineryGenie.com.au or our affiliates under this Agreement after one year from the occurrence of the matter giving rise to the claim or such longer period as allowed under the laws of the State of Victoria, Australia.

 

  1. General Provisions

11.1 Entire Agreement. This Agreement constitutes the entire agreement between you and MachineryGenie.com.au with respect to and governs the use of the Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

11.2 Severance. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

11.3 Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

11.4 Independent Parties. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

11.5 No Waiver. Any failure by MachineryGenie.com.au and our affiliates to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach.  A waiver shall be effective only if made in writing.

11.6 Assignment. MachineryGenie.com.au shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest.  MachineryGenie.com.au may delegate certain of MachineryGenie.com.au rights and responsibilities under this Agreement to independent contractors or other third parties.  You may not assign, in whole or part, this Agreement to any person or entity.

In this agreement MachineryGenie.com.au means Capital Machinery Sales Pty Ltd ACN 113 895 097.

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