These Terms of Website Use ("Terms of Use") are a legally binding agreement between you and Farm Tender Use of the Farm Tender website at www.farmtender.com.au ("Site") will be considered acceptance of these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the Site.

Definitions

The following terms are defined for use in this agreement, and their meaning in this agreement is limited to the given definition.

• You, Bidder, You're, Buyer and User: These terms refer to you.
• Farm Tender, We, Us, the Company and Our: These terms all refer to Farm Tender
• Seller: refers to one or more sellers utilising the Site to market assets.

Farm Tender has the right to alter these Terms of Use at any time by revising this web page. Please visit this page periodically in order to monitor any changes that may have been made to these Terms of Use, particularly before you participate in an auction. Every time you use the Site, you are agreeing to the Terms of Use as they exist at that time.

REGISTRATION AND INFORMATION GATHERING

Access to some areas and use of some functions of the Site may require you to be or become a registrant. When and if you become or apply to become a registrant, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our and our sellers' registration forms (including your e-mail address), and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is inaccurate, not current, or incomplete, we reserve the right to terminate your use of this Site and related services. As part of the registration process, you will be asked to select a password. You will be responsible for the confidentiality and use of your password, and you agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING BIDS AND PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Farm Tender requires information from every person who registers on the Site, including the following

• Name
• Address
• Email
• Credit Card Information
• Home Phone Number
• Work Phone Number

Sellers using Our services agree that there Auction Items are on a consignment basic and that Farm Tender Auctions will receive Full payment for all sold items and will retain there selling commissions / fees - Listing Fees etc and forward the balance to the seller we may require additional information from you before you will be eligible to bid in a particular auction event or on particular auction assets.

Farm Tender gathers aggregate information about Site usage, including but not limited too, the number of visitors, most visited pages, length of visit, conversations and any and all correspondence. We routinely provide sellers with most if not all of the information which is in your registered bidder profile. Sellers may then use the information for any purposes. We may provide your information to others, including but not limited to, collection agencies, if you do not pay agreed upon amounts when due.

OWNERSHIP OF THE SITE

The Site is owned and operated by Farm Tender Australia The content on the Site includes, but is not limited to: text, graphics, logos, audio and video clips, software server information, and anything else hosted on or delivered through this Site and any other web domains accessed through this site. All rights to our content, services, and server information are reserved and are the sole property of Farm Tender

All copyrighted materials presented directly on the Site or linked by the Site remain property of their respective owners.

Relationship Between Farm Tender and Sellers

Farm Tender is an exclusive agent of the sellers using the Site. Farm Tender almost never evaluates the quality of the items auctioned on the Site or verifies any claims made by each seller regarding its items.

HOW CAN YOU USE THIS WEBSITE?

Bidder Duties and Responsibilities:

Bidders agree to keep their Bidder name and password confidential and are solely responsible for any activity generated utilising their Site bidding account.

When using the Site you must obey all applicable federal, state and local laws. Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to the Site. The Site was created and will be operated from the Australia.

Unacceptable Uses for The Site

Users may not engage in fraudulent, deceptive or intentionally disruptive or malicious activity of any kind.

Users are prohibited from engaging in activity that compromises the Site. Such activities include, but are not limited too, hacking, distribution of malicious software, spamming, mail bombing or crashing.

Users may not engage in any activity designed to impede the use of the Site by other users. Users are prohibited from engaging in any activity that jams the Site, including overloading and flooding.

Users are prohibited from framing or deep linking into the Site.

Any access to the Site by means of any process, including but not limited too, manually scraping, spiders, bots or any similar devices, is prohibited unless Farm Tender consents to such use in writing.

Anyone duplicating the pages or part of the pages, modifying the Site, or the content of the Site, must have written permission, prior to his or her activity, from Farm Tender.

System Integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorised purpose. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere with the proper working of the Site.

INTELLECTUAL PROPERTY

The software and source codes used on this Site are the intellectual property of Farm Tender and its licensors. Any modification or attempt to modify or acquire this Site through duplication, transfer, reverse engineering, disassembly, or otherwise is prohibited. Users may not create derivative works from this Site. Users may not attempt to access or duplicate the software available through the Site in an attempt to sell or transfer any rights in such software.

Trademarks

The trademarks and service marks found on the Site are property of Farm Tender or their respective owners, whether registered or unregistered. Neither Farm Tender nor the owners grant you permission to use these trademarks or service marks. You should not interpret anything in the Site as granting a license or right in these trademarks. Licenses should not be considered granted on theories of implication or estoppel. The "Farm Tender" logo and the trademark "Farm Tender" may not be used in any way without express written permission from Farm Tender.

Copyright

Any content contained within the Site is covered by Farm Tender registered copyright or by the respective copyright holders. Farm Tender does not release its legal copyrights in any way, either by implication, estoppel or otherwise. Any attempt to modify or subvert the content of the Site is a violation of Farm Tender copyright. This copyright extends to the software programs and the source codes contained within the Site.

RIGHTS AND RESPONSIBILITIES

Farm Tender is not responsible for and expressly disclaims liability for any indirect, incidental, consequential or punitive damages. Farm Tender disclaims any express or implied warranties, any warranty of merchantability, warranty of fitness for particular purpose, or warranty of non-infringement.

This is an "As-Is" Site. You accept that you use the Site to your own risk and without any guarantees or promises from Farm Tender or its sellers. This includes the functionality and operation of the Site. Farm Tender does not guarantee that the Site will be operational 100% of the time.

Farm Tender does not guarantee that you will always be able to access the auctions listed on the Site. The Site is usually available 24 hours a day, 7 days a week. However, we retain the right to make the Site unavailable from time to time for any reason or no reason. We shall not be liable for any damages arising from any interruption, suspension, or termination of the Site.

Farm Tender, in its sole discretion, may terminate access for any reason to our Website. Farm Tender, in its sole discretion, may terminate you're registration to bid and bidder account. You guarantee that the information you supply to Farm Tender is accurate. Users agree to indemnify and hold Farm Tender harmless from any lawsuit based on users' negligence or activities.

Jurisdiction and Choice of Law Provisions

The Site is governed by the federal laws of Australia and the laws of the State of Victoria All disputes concerning the Site shall be adjudicated in Victoria Australia.

Updated 14/08/19

This Privacy Policy applies to all of the products, services and websites offered by Farm Tender Australia. or its subsidiaries or affiliated companies (collectively, Farm Tender services.)

If you have any questions about this Privacy Policy, please feel free to contact us through our website or write to us.

Privacy Matters

The Farm Trader Australia, PO Box 4079, Alfredton, Victoria, 3350, Australia

Information we collect and how we use it

We offer a number of services that do not require you to register for an account or provide any personal information to us, such as reviewing our upcoming and past auctions. In order to provide our full range of services, we may collect the following types of information:

• Information you provide – When you sign up for an account with Farm Tender or other Farm Tender service or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). For certain services, such as bidding in auctions, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other Farm Tender services or third parties in order to provide you with a better experience and to improve the quality of our services.
• Cookies – When you visit Farm Tender websites, we send one or more cookies – a small file containing a string of characters – to your computer or other device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences and tracking user trends. We may set one or more cookies in your browser when you visit a Farm Tender website.
• Log information – When you access Farm Tender services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
• User communications – When you send email or other communications to Farm Tender, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
• Links – Farm Tender may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.
• Other sites – This Privacy Policy applies to Farm Tender services only. We do not exercise control over the sites displayed as links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

Farm Tender only processes personal information for the purposes described in this Privacy Policy. In addition to the above, such purposes include:

• Providing our services, including the display of customized content;
• Auditing, research and analysis in order to maintain, protect and improve our services;
• Ensuring the technical functioning of our network;
• Protecting and enforcing the rights or property of Farm Tender or our users, including our sellers; and
• Developing new services.

Farm Tender processes personal information on our servers . In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services.

Choices for personal information

When you sign up for a service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

If we propose to use personal information for any purposes other than those described in this Privacy Policy, we will offer you an effective way to opt out of the use of personal information for those other purposes.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Farm Tender features and services may not function properly if your cookies are disabled.

You can decline to submit personal information to us, in which case Farm Tender may not be able to provide some or all services to you.

Information sharing

Farm Tender only shares personal information with other companies or individuals outside of Farm Tender in the following limited circumstances:

• We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
• We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
• We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental inquiry, tax, or audit request, (b) enforce applicable website terms of use and auction terms and conditions, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Farm Tender, its users or the public as required or permitted by law.

If Farm Tender becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred in a manner that would make it subject to a different privacy policy.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular term, for example, or how many users clicked on a particular asset listing or other part of our sites. Such information does not identify you individually.

Information security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.

We restrict access to personal information to Farm Tender employees,Partners, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Data integrity

Farm Tender processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under this Policy. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Accessing and updating personal information

When you use Farm Tender services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Please ensure you do your own PPSR - Personal Property Securities Register Check to clarify the Item you have purchased has no finance issues and is free and clear.

Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). Each version of this Privacy Policy will be identified at the top of the page by its effective date.