Terms of Service

      

TERMS AND CONDITIONS


The farmbit.com.au website (Site) is owned by Rabobank Australia Limited t/as FarmBit (ABN 50 001 621 129) (we, us or our). The Site connects people wanting to hire agricultural equipment (Hirers) with those offering agricultural equipment for hire (Owners) by facilitating introductions between Hirers and Owners (together the Site and the introductory platform and services offered on it by us are the Services). Owners may offer to hire out agricultural equipment (Equipment) with an operator (Wet Hire) or without an operator (Dry Hire). 


  1. Agreement
    1. These Terms and Conditions (Terms) form a binding legal agreement between us and each person, organisation or entity accessing, viewing or using the Site or Services, including Hirers and Owners (you or your). By accessing or using the Site or Services, you agree to comply with, and be legally bound by, these Terms. You will also be asked to click “I Agree” when registering an account with us. Please read these Terms carefully. If there are any questions, please contact us using the contact details at the end of these Terms.
    2. Your access and use of the Site and Services indicates that you:
  1. have had sufficient opportunity to access these Terms;
  2. have read, accepted and will comply with these Terms;
  3. have legal capacity to be bound by these Terms; and
  4. are 18 years or older. 

If this is not correct, or if you do not agree to these Terms, you are not permitted to use the Site or any of the Services.

    1. We may amend these Terms from time to time with immediate effect upon giving you notice of the varied Terms via the Site. Use of the Site or Services following any such amendments will be deemed to be confirmation that you accept those amendments. If you have reasonable grounds to believe that the varied Terms will be detrimental to your rights, you may terminate your account created under these Terms without penalty upon receiving the notice of varied Terms. We recommend that you check the current Terms before continuing to use the Site or Services. 
    2. These Terms supplement and incorporate:
  1. our policies and terms and conditions, including without limitation our Website Terms of Use and our Privacy Policy posted on the Site; and
  2. the Assembly Payments Direct Debit / ACH Request Service Agreement.
    1. Our Privacy Policy sets out how we collect, use and protect your personal information
  1. Site Summary - Introductory Service Only
    1. The Site provides an introductory service for Hirers to hire and Owners to hire out Equipment. After creating an account on the Site, Owners are able to list Equipment for hire on the Site (Listing). When creating a Listing, Owners will provide a description of the Equipment and the terms of hire including, when the Equipment is available for hire, the associated fee for hiring the Equipment (Hiring Fee) and whether the Equipment is for hire as a Wet Hire or a Dry Hire. Hirers are able to browse Listings on the Site (without needing to sign up for an account) but will need to sign up for an account to make a request to hire Equipment (making a Booking) or to communicate with an Owner. 
    2. Some Listings may require the Hirer to provide further information and/or enter into a separate agreement with the Owner or to make a request for a Booking before the Owner accepts the Booking (Conditional Hire). For Conditional Hire Listings, the Owner will be notified of the Booking and they will then either pre-accept the Booking or contact the Hirer for additional information and/or fulfilment of specific conditions relating to the hire. Once the Owner is satisfied by the information provided and/ or the Hirer has complied with any conditions, the Owner may pre-accept the Booking and the Hirer will be notified of the pre-acceptance. The Hirer will then confirm the pre-acceptance. For certain Listings, Hirers can make a Booking which is automatically and immediately accepted by the Owner (Instant Hire). Owners will choose whether to offer their Equipment on Conditional Hire or Instant Hire. When an Owner accepts a Booking, a confirmation will be sent to Owner and Hirer (Booking Confirmation). 
    3. A Hirer may cancel a confirmed Booking but any refunds of the Hiring Fee will be subject to the Listing’s chosen cancellation policy (Cancellation Policy) as set out on the Site. 
    4. The Site is an online introductory platform only, and our responsibilities are limited to facilitating the availability of the Site and Services. We are not an agricultural equipment hire business. 
    5. We are not a party to any agreement entered into between an Owner and a Hirer. We are not a referrer or agent, and provide no such related services.
    6. We have no control over the conduct of Hirers, Owners or any other users of the Site and Services. We disclaim all liability in this regard.
    7. Any arrangement between you and a Hirer or you and an Owner is solely between you and that party. It is strictly and expressly not part of your agreement with us.
    8. To the maximum extent permitted by law, we accept no liability for any aspect of a Hirer’s and Owner’s interaction with one another including, but not limited to, the description, performance or delivery of any Equipment or damage to any Equipment. We are not obliged to, assist or involve ourselves in any way in any dispute between you and a Hirer or you and an Owner.
    9. All information in a Listing is supplied by the Owner. We have no responsibility and make no warranty as to the truth or accuracy of any aspect of any information provided by an Owner nor do we do not have any ability or responsibility to review, approve or verify any information provided by Owners prior to publication on the Site.  
  1. Registration
    1. You may browse and view the Site as an unregistered user of the Site. You must register on the Site and create an account to access some Services and features on the Site, including, without limitation, creating Listings or making Bookings.
    2. Registering for an account can be done through Facebook, Google, LinkedIn or by email. 
  1. If you sign up for an account by email you will be required to provide certain information including your first and last name and your email address as well as to select a password.  
  2. If you signup through Facebook, Google or LinkedIn you authorise us to access certain information from your Facebook, Google or LinkedIn account including but not limited to your first and last name and email address. You will also need to select a password. 
    1. You may only have one account. 
    2. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your account and access to the Site and Services if any information provided to us proves to be inaccurate, not current, incomplete or otherwise does not comply with these Terms. 
    3. We may refuse to allow any person to sign up for an account or limit a person’s access to or use of any Services or features on the Site.
  1. Managing Your Account
    1. When you have created an account you will be able to upload a photo of yourself, write a bio, send, review and respond to messages, make Bookings, create Listings, set payment preferences and write reviews. 
    2. Communications through the Site are at your own risk.  We do not and cannot guarantee that any Hirer, Owner or other user of the Site has genuine intentions. 
    3. You should report to us, any activities, requests or conduct which are, or which you reasonably believe to be:
  1. offensive, violent or otherwise disturbing; 
  2. suspicious, inconsistent or illegal; or 
  3. likely to have a negative effect on our reputation, the Site, Services or another user.  
    1. You will immediately notify us of any unauthorised use of your account.
    2. It is your responsibility to keep your account details and password confidential. You are liable for all activity on your account made using your account details. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorised such activities or actions. 
    3. You may cancel your account via email or by following the instructions as set out on the Site. 
    4. If you cancel your account:
  1. all of your Listings will be removed from the Site;
  2. any future Bookings will be cancelled; and
  3. subject to the applicable Cancellation Policy, all Hiring Fees that have already been paid for any future Bookings will be refunded to you or the Hirer (as relevant) minus our Service Fee. 
  1. Creating a Listing
    1. Legislative Requirements means any relevant law, legislation, ordinance, regulation, by-law, subordinate legislation, standard and code, and any approval, licence, registration, ticket or consent issued by a government department or statutory authority, in any relevant jurisdiction, and including any renewal of, or variation to, any of them (and including any fee, rate, tax, levy and charges payable in respect of any of them).
    2. By creating a Listing, you are agreeing to enter into a legally binding contract with a Hirer that will become binding the moment you receive the Booking Confirmation. 
    3. When creating a Listing as an Owner, you will need to provide a description of the Equipment and the terms for hire. Some of the information you may need to provide includes:
  1. what kind of Equipment is being hired out;
  2. the brand and age of the Equipment; 
  3. where the Equipment is located; 
  4. whether the Equipment has any standard or special features; 
  5. photos and/ or videos of the Equipment; 
  6. whether the Equipment is for hire as a Wet Hire or a Dry Hire; 
  7. the Hiring Fee; 
  8. (viii)the dates for when the Equipment will be available for hire;
  9. whether the Equipment is for hire as an Instant Booking or a Conditional Booking; and
  10. choosing a Cancellation Policy. 
    1. As an Owner, you agree that for every Listing:
  1. you are permitted to advertise and hire out the Equipment in the jurisdiction in which you intend to hire out the Equipment and are compliant with any Legislative Requirements;
  2. the Equipment is properly insured and registered to a standard as required by any relevant Legislative Requirement;
  3. the Equipment is in existence and that you are the legal owner or registered proprietor of the Equipment (or, if you are not the legal owner or registered proprietor, you have all necessary approvals, authorities and consents necessary to hire out the Equipment);   
  4. the Equipment is available to be hired out on the dates specified in the Listing; 
  5. you will not require a Hirer to pay an amount higher than the listed Hiring Fee; 
  6. the description and photographs of the Equipment are true and accurate and that any flaws/defects are included in the Listing; 
  7. you will update the Listing if there are any changes to the Equipment’s description or terms for hire; 
  8. (viii)the Equipment is safe, compliant with any relevant safety standards or Legislative Requirements, is of acceptable quality for hire and is fit for purpose; 
  9. you will provide the Hirer with all necessary operating or safety manuals relevant to the Equipment; 
  10. you will deliver the Equipment to the Hirer in accordance with the Booking;
  11. it is your responsibility to ensure the Hirer has the necessary licences and registrations to be complaint with any relevant Legislative Requirements to hire the Equipment; 
  12. we are not responsible for any theft or damage to the Equipment; and
  13. (xiii)any terms and conditions included in the Listing do not conflict with these Terms.
    1. For a Listing that is a Wet Hire, as an Owner, you further agree:
  1. that the operator is properly engaged by you in compliance with any workplace laws whether as an employee or contractor; 
  2. that the operator is properly insured against personal injury in compliance with any Legislative Requirements; and
  3. that the operator of the Equipment has the necessary skills and knowledge to operate the Equipment for the intended purpose and holds all necessary licences and registrations to be complaint with any relevant Legislative Requirements to operate the Equipment.
    1. Placement and ranking of Listings in search results on the Site will vary and depend on a variety of factors.
    2. We recommend that you complete a condition report for the Equipment at the beginning and end of each Booking.  
  1. Booking Equipment
    1. By making a Booking, as a Hirer, you are agreeing to enter into a legally binding contract with the Owner that will become binding the moment you receive the Booking Confirmation. 
    2. For a Booking made for a Listing with Instant Hire, Booking Confirmation will be received by the Hirer as soon as payment for the Booking has been processed.
    3. If a Conditional Booking is not accepted by the Owner within 24 hours, the Conditional Booking will expire.  
    4. As a Hirer, you agree that when you make a Booking: 
  1. you are satisfied with the Listing description and believe that the Equipment is fit for your purpose. If you are unsatisfied with the Equipment you must not make a Booking;
  2. that you will only use the Equipment for its intended use and as described on the Listing; 
  3. that the Equipment will remain in your care, custody and control throughout the Booking; 
  4. that you will return the Equipment to the Owner at the end of the Booking in the same state and condition as when you took possession; 
  5. that you will not damage the Equipment during the Booking; 
  6. that you will not alter, manipulate or otherwise change the structure, appearance, features or functionality of the Equipment; 
  7. that you will follow any safety instructions or operational instructions provided by the Owner; 
  8. (viii)that you will be responsible to pay all fines and infringements (including towing fees) incurred by you during the use of the Equipment.
    1. For a Booking made for a Listing that is a Dry Hire you further agree that:
  1. you will not allow any other party to use and operate the Equipment; 
  2. that the operator is properly insured against personal injury in compliance with any Legislative Requirements; and
  3. you have the necessary skills and knowledge to operate the Equipment for the intended purpose and holds all necessary licences and registrations to be complaint with any relevant Legislative Requirements to operate the Equipment.
    1. If you do not return the Equipment to the Owner at the end of the Booking, the Owner is entitled to obtain the return of the Equipment through any manner that is consistent with the law including by engaging a third party or through an order of the court. In addition, you agree to pay the Owner:
  1. a fee equal to twice the Hiring Fee that would have been paid for the period between the end of the Booking and when the Equipment is actually returned; and
  2. for any costs and expenses (including legal expenses) incurred by the Owner to obtain the return of the Equipment. 
  1. Payment 
    1. Registering for an account is free. There is no charge to browse or create a Listing.
    2. We charge a service fee for every Booking (Service Fee). The amount of the Service Fee will be set out on the Site and is calculated as a percentage of the Hiring Fee. We may change the Service Fees at any time. We will notify you of any changes to the Service Fee via the Site. Together the Hiring Fee and Service Fee are the Fees.
    3. For an Instant Hire Booking, payment of the Fees will be processed as soon as the Booking has been made.
    4. For a Conditional Hire Booking, payment of the Fees will be processed as soon as the Hirer confirms the Owner’s pre-acceptance.  
    5. When the Equipment and the dates for the Booking have been selected the total Fee for the Booking will be calculated and displayed on the Site. 
    6. Except as otherwise provided in these Terms, our Service Fee is non-refundable.
    7. Goods and Services Tax (GST) will be charged where applicable. Unless otherwise stated, Fees will be in Australian dollars. You will be responsible for any currency conversion or other bank charges if you pay using a different currency.
    8. We use a third party (Assembly Payments) for processing payment of Fees and as part of this process you will be provided a link to the Assembly Payments Direct Debit / ACH Request Service Agreement and will be asked to click an “I Agree” checkbox.
    9. You must not pay, or attempt to pay, a Fee through any fraudulent or unlawful means.  If a Fee is not able to be successfully processed then the Booking may be cancelled.
    10. By making a Booking, you consent and authorise us and our third party payment gateway provider to share any information and payment instructions you provide to the extent required to complete your transaction. 
    11. You agree that for any payments made by debit or credit card, you warrant that the information you provide to us is true, accurate and complete, that you are authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the you will maintain sufficient funds in the account to cover the Fee.
    12. We will act as the Owner’s limited payment collection agent, and will collect from the Hirer the Hiring Fees on behalf of the Owner and hold the Hiring Fees for 72 hours after the end of the Booking. If during the 72 hours no dispute has been raised by the Hirer, the Hiring Fees will then be  automatically paid to the Owner.  The Hirer can agree for payment of the Hiring Fees to be made before the end of the 72 hours.
  1. Limited Payment Collection Agent
    1. Each Owner appoints us as the Owner’s limited payment collection agent solely for the purpose of accepting the Hiring Fees from the Hirer.
    2. Owners agree that payment of Hiring Fees from a Hirer to us (as the Owner’s limited payment collection agent) is to be considered the same as a payment made directly by the Hirer to the Owner.  
    3. As the limited payment collection agent for the Owner, we agree to facilitate the payment of Hiring Fees for Bookings. In the event that we do not remit Hiring Fees as set out in the Payment clause above, Owners will only have recourse against us.
    4. Notwithstanding our appointment as limited payment collection agent for Owners, we explicitly disclaims all liability for any acts or omissions of Owners or any other parties.
  2. Cancellation Policy
    1. When creating a Listing you will need to choose one of the Cancellation Policies set out on the Site that will apply for the Listing. The Cancellation Policy will determine what will happen to the Hiring Fees and our Service Fees if a Hirer cancels their Booking.   
    2. If an Owner cancels a confirmed Booking we may charge a cancellation fee and we will immediately refund the Hiring Fee to the Hirer. 
    3. If a Hirer cancels a confirmed Booking and they are entitled to a refund of the Hiring Fees we will endeavour to refund the Hiring Fee to the Hirer’s nominated bank account within 24 hours of the Hirer cancelling the Booking. 
    4. We may in certain cases decide that it is necessary to cancel a confirmed Booking if we reasonably believe that it may be necessary to protect our interests or the interests of an Owner (including their interests in Equipment), Hirer or any other user. Any refunds of Hiring Fees will be subject to our discretion.  
  3. Ratings and Reviews
    1. At the end of a Booking, Owners and Hirers can leave a public review (Review) about the Equipment and each other. 
    2. You must not include information that is not true, fair or accurate in a Review. 
    3. If in our reasonable opinion a Review contains untrue, unfair, inaccurate, offensive or inappropriate information, we may delete the Review or prevent the Review from being posted. We do not however undertake to review each Review and are not responsible for the content of any Reviews. 
  4. Dispute Resolution
    1. By using the Site and Services, you agree that any legal remedy or liability that you may seek to obtain for acts or omissions of a Hirer, Owner or any other user will be limited to a claim against the relevant Hirer, Owner or other user or that caused or contributed to the events or circumstances giving rise to the claim. We encourage you to communicate directly with the relevant Hirer, Owner or other user to resolve any disputes. 
    2. Although we are under no obligation to do so, we may assist you to resolve a dispute. You agree that if you request our assistance, you will provide us with any information requested by us within 48 hours. We will investigate the dispute and at our sole discretion determine whether all or part of the Fees should be returned to the Owner or the Hirer. 
    3. If there are any complaints from you against us, we will aim to respond and provide a suitable solution within 45 days. If you are not satisfied with our response, the following dispute resolution procedure will apply:  

(i) The complainant must tell the other party to the dispute in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement (Initial Meeting).

(ii) If a resolution cannot be agreed upon at the Initial Meeting, the parties may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute. 

    1. Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity. 

 

  1. Intellectual Property
    1. Intellectual Property means all logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not, including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to us (or our affiliates and/or third party licensors as applicable).
    2. You agree that, as between you and us, we own or hold the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, the Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by us or the owner of the content.
    3. Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
    4. Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of us or the applicable trademark holder or Intellectual Property owner. 
    5. You do not obtain any interest or licence in the Intellectual Property or Third Party Marks. You may not do anything which interferes with or breaches the Intellectual Property rights.
  1. Permitted and Prohibited Conduct
    1. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.
    2. You are solely responsible for compliance with any and all Relevant Legislation that may apply to the use of the Site and Services. 
    3. You must not post, upload, publish, submit or transmit any content that:
  1. impersonates or poses as another person;
  2. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy; 
  3. is fraudulent, false, misleading or deceptive;
  4. denigrates us, the Site, the Services, a Hirer, an Owner or any user of the Site;
  5. violates, or encourages any conduct that would violate, any applicable Relevant Legislation or would give rise to civil liability;
  6. is defamatory, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 
  7. is violent or threatening or promotes violence or actions that are threatening to any other person; or
  8. (viii)promotes illegal or harmful activities or substances.
    1. In connection with your use of the Site and Services, you may not and agree that you will not:
  1. use the Site or Services for any commercial or other purpose that is not expressly permitted by these Terms;
  2. use the Services to find a Hirer, Owner or Equipment and then complete, or assist another individual to complete, a booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to our provision of the Services;
  3. submit any false or misleading information;
  4. violate any local, state, provincial, national, or other law or regulation, or any order of a court; 
  5. copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;
  6. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy or contractual rights;
  7. use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity;
  8. (viii)use the Site or Services in connection with the distribution of unsolicited commercial email (including, for example, spam);
  9. stalk or harass any other user of the Site or Services or collect or store any personally identifiable information about any other user (other than for the purposes of transacting on the Site as contemplated by these Terms); 
  10. use, display, mirror or frame the Site, or any individual element within the Site, the Services, our name, our trademark, our logo or other Intellectual Property without our express written consent; 
  11. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Site for any purpose;
  12. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by us to protect the Site;
  13. (xiii)attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site and Services; 
  14. (xiv)take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Site or Services; or 
  15. advocate, encourage, or assist any third party in doing any of the foregoing.
  1. Your Content
    1. You are permitted to post, upload, publish, submit or transmit relevant information and content (Content). By making available any of your Content or any Intellectual Property on or through the Site and Services, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use your Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit your Content and Intellectual Property on, through, or by means of the Site and Services.
    2. You agree that you are solely responsible for all of your Content and Intellectual Property that you make available through the Site and Services. You represent and warrant that: 
  1. you are either the sole and exclusive owner of all of your Content and Intellectual Property that you make available through the Site and Services, or that you have all rights, licences, consents and releases that are necessary to grant to us the rights in your Content or Intellectual Property, as contemplated under these Terms; and
  2. neither your Content nor the posting, uploading, publication, submission or transmittal of your Content or our use of your Content (or any portion thereof) on, through or by means of the Site and Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any Relevant Legislation.
    1. You represent and warrant that any Content that you provide:
  1. will not breach any agreements you have entered into with any third parties;
  2. will be in compliance with all Relevant Legislation that may apply; and
  3. will not conflict with the rights of third parties. 
    1. We may at our sole discretion remove any of your Content that is offensive or in breach of these Terms.
  1. Disclaimers 
    1. We do not guarantee that Hirers will be able to find desirable Equipment for hire or that Owners will find Hirers to hire their Equipment.   
    2. We do not endorse any Hirer, Owner, Listing or Equipment. 
    3. We cannot and do not control the content contained in any account, Listing or the condition, legality or suitability of any Equipment. You are responsible for determining the identity of any Hirer or Owner that you contact through the Site or Services and the suitability of any Equipment.
    4. We accept no responsibility for and make no representations or warranties to you or any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. To the extent permitted by law, we disclaim any and all liability related to any and all Hirers, Owners, Listings and Equipment.
    5. We will not be liable for any content that is, or could be, unlawful, defamatory, obscene, vulgar, offensive, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
    6. We are not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. 
    7. You use the Site and Services at your own risk.
    8. To the maximum extent permitted by law, we exclude all conditions, warranties, guarantees or representations, whether implied by custom, law, statute or on any other basis, and all material, work and services (including the Site and Services) is provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to:

(i) implied warranties of fitness for a particular purpose;

(ii) we do not warrant that the Site, the Services, content on the Site (including any pictures, videos, links etc.) or your access to the Site or Services will be error free, that any defects will be corrected or that the Site or Services, or the server which stores and transmits material to you, is or will be free of viruses or any other harmful components;

(ii) we take no responsibility for, and will not be liable for, the Site or Services being unavailable, not of a particular standard or quality, failing to meet the advertised description, failing to meet your needs, or being of less than merchantable quality; and

(iv) to the extent permitted by law, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, illness or disease, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, the Services, content on the Site or Services, your inability to access or use the Site or Services, any Hirer, Owner, Listing, Equipment or these Terms, even if we were expressly advised of the likelihood of such loss or damage.

    1. You agree not to attempt to impose liability on, or seek any legal remedy from us, with respect to such actions or omissions.
  1. Consumer Guarantees
  1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified (Statutory Rights).
  2. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for Services provided to those of you who are defined as consumers is governed solely by the ACL and these Terms.  
  3. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
  1. Insurance
    1. We may offer Owners and Hirers an opportunity to obtain insurance from a third party for certain Bookings. Applicable terms and conditions for this insurance will be available on the Site. This insurance may also be subject to additional terms and conditions as set out by the insurance provider. We do not represent that this insurance is adequate or appropriate and it is your responsibility determine whether any further insurance is required.  
    2. If insurance is provided under this clause, you agree that we may charge you an amount equal to the excess payable under the insurance and hold this amount for 24 hours after the end of the Booking. If during the 24 hour period, no dispute is raised by the Owner or Hirer (as relevant), then we will refund you this amount. 
  1. Limitation of Liability
    1. To maximum the extent permitted by law, our total liability arising out of or in connection with the Site, the Services or these Terms, howsoever arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to us re-supplying the Services to you, or, at our option, refunding to You the amount that You paid for the use of the Site or the Services to which Your claim relates. 
    2. This clause will survive these Terms and your use of the Site or Services. 
  2. Indemnity
    1. To the maximum extent permitted by law, you agree to defend and indemnify and hold us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to the Site or Services; any breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any violation by you of any Relevant Legislation or the rights of any third party. 
    2. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defences. 
    3. This clause will survive these Terms and your use of the Site or Services. 
  3. General
    1. Accuracy: While we will endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
    2. Termination: We reserve the right to refuse to make the Site available to you or supply the Services required by you, terminate your account, and remove or edit content on the Site if you commit a non-remediable breach of these Terms, or a remediable breach of these Terms (that is not remedied within five days to our satisfaction). If we decide to terminate your account, with or without notice to you, your account will be deactivated, your password will be disabled and you will not be able to access the Site, the Services or your account. In addition to any of our other rights under these Terms, if your account is terminated under this clause:
  1. we may notify any relevant Hirer or Owner that your Bookings have been cancelled; 
  2. we may refund any Hiring Fees paid by a Hirer to you for a Booking irrespective of the relevant Cancellation Policy; and
  3. you will not be entitled to any compensation for any cancelled Bookings. 
    1. Fraudulent Activities: You acknowledge and agree that, in the event that we reasonably suspect that there is fraudulent activities occurring within the Site and Services, we reserve the right to immediately terminate any accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
    2. Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. 
    3. Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
    4. Waiver: Any failure by a party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms shall be effective unless we expressly state that it is a waiver and we communicate it to you in writing.
    5. Assignment: You may not assign any rights and obligations under these Terms whether in whole or in part without our prior written consent. These Terms, and any rights and licences granted hereunder, may be assigned by us without restriction.
    6. Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    7. Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of your use of the Site or Services is subject to the laws of New South Wales and the Commonwealth of Australia, and subject to the exclusive jurisdiction of the courts of New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, You do so at your own risk and you are responsible for complying with the laws in the place where you accesses the Site. 
    8. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between us and you and supersedes any prior agreement, understanding or arrangement between us and you, whether oral or in writing.


For questions and notices, please contact:


Rabobank Australia Limited t/as FarmBit (ABN 50 001 621 129)

Darling Park Tower 3

Level 16, 201 Sussex Street

Sydney NSW 2000

Australia

Email: hello@farmbit.com.au


Last update: 4 December 2017