Terms of Use

www.gavelhouse.com
Australia (HQ): +61 3 9499 2229
New Zealand: 0800 888 440
South Africa: 071 175 3600

Terms of Use

These Terms of Use were last updated on 19 November 2007

The Gavelhouse website, located at www.gavelhouse.com (\"Website\") is the property of Gavelhouse Pty Ltd (ABN 80948294886) (\"Gavelhouse\").

By registering as a user or using the Website, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must refrain from using the Website.

Gavelhouse reserves the right to modify these Terms of Use in whole or in part from time to time without notice and amendments will be effective immediately upon posting of the amended Terms of Use on the Website. Your continued use of the Website will represent your agreement to be bound by the Terms of Use as amended.

The Website is an online advertising medium and marketplace that allows registered users to advertise thoroughbred horses and associated goods and services for sale, and allows potential buyers to browse listings and then purchase those horses and associated goods and services by contacting the seller and negotiating the sale privately.

The Website

All information on the Website is provided \"as is\" and Gavelhouse does not warrant or represent that it is complete, current or free from errors or omissions.

Gavelhouse is not involved in the actual transaction between sellers and buyers. Transactions and all other contact between you and other users of the Website are conducted entirely at your own risk. Gavelhouse merely provides a venue for the on-line distribution and publication of information about thoroughbred horses and associated goods and services advertised for sale, and the purchaser makes a purchase solely in reliance on its own enquiries and inspections.

Gavelhouse does not act as an agent for either party and you agree that Gavelhouse has no control over and, to the extent permitted by law, makes no warranties in relation to, the suitability or quality of any thoroughbred horses and associated goods and services advertised for sale on the Website, the accuracy or truth of any advertising listings on the Website (including who owns any item listed for sale), or the ability of sellers and buyers to actually enforce or complete a transaction

Gavelhouse accepts content uploaded from its registered users in good faith on the basis of warranties provided by its registered users. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on the Website and it is your responsibility to verify any information on the Website before relying on it.

The Website may contain multimedia works (such as live or replayed race coverage, videos of thoroughbred horses or racing related still images) licensed to Gavelhouse from third party providers. These works are provided to you by Gavelhouse purely for your private, non-commercial use, and you may not (directly or indirectly) distribute, modify, translate, publish, rebroadcast, transmit or communicate these works or create derivative works from them.

The Website may be interfered with by numerous factors, including those outside Gavelhouse’s control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, Gavelhouse does not warrant that the Website will be error free, free from viruses or other harmful content or components, or that access to the Website will be secure, uninterrupted, provided without delay or in a timely fashion. In addition, the availability of any multimedia works contained on the Website are subject to the transmission limitations of the Internet, including, but not limited to re-buffering, loss of connection and video and/or audio dropouts.

Use of the Website

You must not use the Website to facilitate or participate in any illegal activity or engage in any activity that Gavelhouse in its absolute discretion, considers to be inappropriate. Gavelhouse reserves the right to immediately and indefinitely restrict your access to the Website in anyway considered reasonably necessary if it suspects that you are engaging in such behaviour.

Without limiting the above, when using the Website, you agree:

not to attempt to obtain unauthorised access to the Website or portions of the Website that are restricted from general access;
not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
not to upload, post or otherwise transmit through or on this Website any viruses or other harmful, disruptive or destructive files;
not to disrupt or interfere with any other user\'s enjoyment of the Website or affiliated or linked websites;
not to use or attempt to use another\'s account, service or system without authorisation from that user or Gavelhouse, or create or use a false identity on the Website; and
not to transmit through or on the Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.

Becoming a registered user

To upload content you must be a registered user. This will involve creating a username and password. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.

You agree to notify Gavelhouse immediately of any unauthorised use of your account or password or any other breaches of security

When registering as a user, you warrant that you are 18 years of age or over and you have provided complete, accurate and current personal information. You agree to maintain and update the personal information held by Gavelhouse about you to ensure it is kept current at all times and you agree that Gavelhouse may phone or mail you to verify these details.

Gavelhouse reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Gavelhouse may terminate your membership if you impersonate another member, you breach these Terms of Use, a serious complaint or multiple complaints are received about you from other Website users or if Gavelhouse, in its sole discretion, deems your behaviour to be unacceptable.

If you have multiple aliases and Gavelhouse decides to terminate your membership, all of your aliases will be disabled.

Security Policy

Payments accepted over 128- bit SSL encryption.

Transaction Currency

Gavelhouse Pty Ltd processes only in Australian dollars and gst is exclusive as per the prices listed, where applicable.

Submitting Content

Gavelhouse charges fees to upload and/or submit any advertisement to the Website.

Gavelhouse’s current fees are listed on our sell page

When submitting and/or uploading any content to the Website, you warrant to Gavelhouse that all goods and services advertised conform to current laws and regulations in Australia, you have the lawful right to distribute and reproduce such content, and that all information provided by you:

is true and correct;
is not misleading or deceptive, defamatory or obscene;
does not infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
is not unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; and
can be lawfully published by Gavelhouse.

In particular, when submitting and/or uploading an advertisement for a thoroughbred horse to the Website, you warrant that:

you are legally allowed to sell the horse you are advertising;
the description, pedigree and other information in respect of the horse is true and correct;
full and complete disclosure will be made to any prospective purchaser as to whether the horse has undergone invasive joint surgery or surgical intervention of the upper respiratory tract or has undergone abdominal surgery of any type; and
the horse has not been subject to any bans (for bleeding, barrier behaviour or any other reasons) imposed by any horse racing authority other than as disclosed to a prospective purchaser.

You agree to indemnify and keep Gavelhouse indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to a breach of any warranty given by you under these Terms of Use.

Gavelhouse reserves the right (but is not required) to verify the accuracy of any information uploaded by you including the availability of any goods or services offered for sale. You agree that Gavelhouse may contact you for the purposes of verification or clarification and you agree to provide such additional information as Gavelhouse reasonably requires.

AFS Licensing in Relation to Advertisers

Before any person places an ad on this site for the syndication or the sale of any shares in a racehorse, stallion or broodmare, they should seek advice from their lawyers in respect of their obligations under the licensing provisions of the Corporations Act

Removal of content

Gavelhouse reserves the right, in its absolute discretion, to remove any content submitted and/or uploaded by you to the Website that Gavelhouse reasonably considers is inappropriate for inclusion on the Website.

Gavelhouse reserves the right to remove any content without consultation.

Intellectual Property

The Website, including:

all software comprised in the Website;
all material on the Website (including but not limited to, photos, graphics, text, visual or audiovisual works); and
the design, layout, look and appearance of the Website (together, \"the Website Components\") is owned by or licensed to Gavelhouse and protected by copyright under the laws of Australia and other countries.

Except as necessary for using the Website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, a Website Component may not be used, adapted, reproduced, uploaded to a third party website, framed, linked to, published, transmitted or distributed in any way or in any form or medium without the prior written consent of Gavelhouse.

At the time of submitting and/or uploading any content to the Website, you agree to give Gavelhouse a non-exclusive perpetual, worldwide, royalty-free licence to reproduce and deal with that content by any means whatsoever (including, without limitation, in print and electronic form).

Jockey Silk images used on this website are for the sole use of gavelhouse.com. Images are created exclusively for gavelhouse.com by dkc Graphic Design & Publishing Services.

Third party websites and advertisements

The Website may contain links to other websites which are not maintained or controlled by Gavelhouse or its related companies (\"third party site\"). Third party sites are not part of the Website. These links are provided by Gavelhouse solely for your convenience.

Gavelhouse makes no representations or warranties whatsoever about any third party site. Gavelhouse does not endorse, nor does it accept any responsibility for, the content or use of any third party site.

Any responsibility for the content of any advertisements appearing on the Website (including hyperlinks to advertisers\' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Gavelhouse’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

Access to the Website outside Australia

Gavelhouse does not represent or warrant that the content on the Website complies with the laws of any country outside of Australia. If you access the Website from outside Australia, you do so at your own risk.

Gavelhouse’s liability to you

The terms that apply to Gavelhouse’s supply of the Website are those implied by consumer protection laws relating to the supply of services that cannot be excluded and the terms set out in these Terms of Use. No other terms apply.

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Gavelhouse to you or any other person under or in connection with these Terms of Use or in connection with the Website, another registered user’s acts or omissions, or your use of or inability to use this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.

Gavelhouse’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Your indemnity

You agree to indemnify and hold Gavelhouse, its officers, employees, agents, subsidiaries and affiliates harmless from all claims, demands, loss, damages, costs, penalties, liabilities or expenses (including legal fees) made against Gavelhouse by any third party due to or arising out of or in connection with your use of the Website or your breach of these Terms of Use.

Refund Policy

Once Gavelhouse posts an advert on behalf of a listing client, and payment is made, our contract or service is completed. No monies will be refunded.

Dispute Resolution

Both parties agree to resolve any dispute promptly and in good faith. If you and Gavelhouse are not able to resolve any such dispute, then either party may submit the dispute for non-binding impartial mediation. If the dispute is still not resolved by mediation, you and Gavelhouse may pursue any remedy available to you or Gavelhouse under the laws of Victoria, Australia.

Miscellaneous Provisions

These Terms of Use are governed by and will be construed in accordance with the laws of Victoria, Australia, without giving effect to its conflict of laws provisions or your actual state or country of residence.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, that provision or portion will be severed from the Terms of Use and the remainder of the Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between you and gavelhouse with respect to the subject matter of these Terms of Use and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Gavelhouse.

Termination

Notwithstanding any of these Terms of Use, Gavelhouse reserves the right, without notice and in its sole discretion, to terminate your license to use the Website and to block or prevent future access to and use of the Website.