eFarmers User Agreement:

Introduction:
Welcome to eFarmers. By using the eFarmers services, you agree to the following terms with eFarmers. If you have any questions, please contact us.

This Agreement is effective from 19 June 2018 for all users and upon acceptance for new users.

The entity you are contracting with is: eFarmers Pty Ltd, Suite 206/ 201 Edward Street, Brisbane QLD 4000 from 19 June 2018.

Scope:
Before using the eFarmers services, you must read and accept all the terms in, and linked to, this User Agreement (“Agreement”) and the eFarmers Privacy Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the privacy agreement. By accepting this User Agreement, you agree that this User Agreement and Privacy Agreement will apply whenever you use the eFarmers services, or when you use the tools we make available to interact with the eFarmers services. If you use a site other than efarmers.com.au, you acknowledge that you will need to accept and be bound by the terms of that site. Some eFarmers services may have additional or other terms that we provide to you when you use those services.

Using eFarmers:
While using the eFarmers services, you will not:

  • post content or items in inappropriate categories or areas on our site and services;
  • infringe any laws, third party rights or our policies
  • use the eFarmers services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the eFarmers services;
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after a clear typographical error is made or you cannot authenticate the seller’s identity;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer’s identity;
  • manipulate the price of any item or interfere with other users’ listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to eFarmers;
  • post false, inaccurate, misleading, defamatory or offensive content (including personal information);
  • take any action that may undermine the Review or ratings systems (such as displaying, importing or exporting Review information or using it for purposes unrelated to eFarmers);
  • transfer your eFarmers account (including Reviews) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • distribute viruses or any other technologies that may harm eFarmers or the interests or property of eFarmers users;
  • export or re-export any eFarmers tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify or distribute rights or content from the eFarmers services or eFarmers’ copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing eFarmers:
eFarmers and its users work together to keep our site and services working properly and the users safe. Please report problems, offensive content, and policy violations to us.

eFarmers works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify the eFarmers team and we will investigate.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the eFarmers services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to conducting off eFarmers transactions, Review manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue eFarmers services.

If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eFarmers, you may be liable to pay a final value fee applicable to that item.

Fees and Services:
Joining eFarmers is free. We do charge fees for using other services, such as subscription items and transaction fees. Before you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days’ notice by posting the changes on the eFarmers site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing periods) or new services, and such changes are effective when we post the temporary promotional event or new service on the site.

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all eFarmers services, even if sales terms are finalised or payment is made outside of eFarmers. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eFarmers, you will be liable to pay a final value fee applicable to that item. Sellers must meet eFarmers’ minimum performance standards. Failure to meet these standards may result in eFarmers charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel and, for accounts over 180 days past due, deducting the amount owed from your PayPal/ Stripe account balance or using any credits on your account).

Content:
When you upload content to the eFarmers website or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights you have in the content, in any media known now or in the future and for any other purpose.

If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to eFarmers and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“eFarmers Authorised Persons”):

(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:

(i) in whatever form and in whatever circumstances eFarmers and the eFarmers Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and

(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and

(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.

For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including eFarmers users). You may use catalog content solely in connection with your eFarmers listings during the time your listings are on the eFarmers site.

While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this User Agreement and all eFarmers’ policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

Trading on eFarmers and limitation of liability:
While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our site, including dealing with underage or fraudulent persons. You will not hold eFarmers responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items. Our site is a venue to allow anyone to offer, sell, and buy just about anything within the agricultural, food and/or allied industries, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores and fixed price formats.  We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item.

When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not eFarmers – are responsible for enforcing any rights that you may have.

You alone, and not eFarmers, are responsible for ensuring that your listing, buying and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the eFarmers services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the eFarmers services.

To the extent that eFarmers is able to limit the remedies available under this Agreement, eFarmers expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again

Release:
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Breach:
Without limiting other remedies available to eFarmers at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if:

  • you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way
  • we are unable to verify or authenticate any information you provide to us;
  • we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
  • if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

Restricting funds:
To protect against the risk of liability, eFarmers may request, and you agree to authorise the request, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal’s risk exposure pursuant to PayPal policies.

eFarmers Paid Subscriptions:
By signing up for an eFarmers paid subscription (basic, standard, enterprise) you agree to the following terms and conditions (“Terms”) with eFarmers Pty Ltd (“eFarmers”). These Terms are between you and eFarmers and govern our respective rights and obligations. Please note that your use of the www.efarmers.com.au website (“eFarmers website”) and your paid subscription are also governed by eFarmers User Agreement and all applicable policies on the eFarmers website, which are incorporated into these Terms.

  1. Becoming an eFarmers paid subscription user
    1. To become an eFarmers paid subscription user, you must select the subscription level (basic, standard, enterprise) when creating an eFarmers account. The registration process is completed by selecting a payment method, reading and accepting these Terms and then selecting the “Sign up now” button.
    2. When you select the “Sign up now” button, you are entering into a binding agreement between you and eFarmers, based on these Terms. eFarmers will send you an email within 24 hours confirming your eFarmers paid subscription.
    3. eFarmers reserves the right to accept or refuse membership in its discretion.
  1. Subscription cancellation
    1. You may cancel your paid subscription at any time by selecting “Subscription” on your eFarmers seller dashboard and then selecting the “Cancel” option.
    2. If you cancel any time after signing up for a paid membership or converting from a free trial to a paid subscription, you will not be refunded your subscription fee regardless of whether or not you made any eligible purchases or have taken advantage of any eFarmers paid subscription benefits since your latest subscription charge. Depending on your subscription level you have paid for (basic, standard, enterprise), you will continue to receive that eFarmers subscriptions benefits until the end of your membership month or year, but your membership will not be automatically renewed for a further month or year.
  1. Free 6 month trial
    1. If you sign up for a free 6 month trial of the eFarmers basic subscription, you may cancel your membership at any time during the 6 month trial period.
    2. If you cancel your eFarmers basic subscription during the 6 month trial period, you will incur no subscription fees. The 2% transaction fee will still apply if your products are sold throughout the 6 month trial period. You will continue to receive all eFarmers basic subscription benefits until the end of the 6 month trial period, at which time your eFarmers basic subscription will end.
    3. If you do not cancel your eFarmers basic subscription before the 6 month period has ended, your membership will be automatically renewed and you will be charged the full monthly or annual fee in accordance with sections 5 and 6.
    4. There is a maximum of one free 6 month trial of eFarmers basic subscription per eFarmers user. You may not use or create another eFarmers account in order to take advantage of the free 6 month trial more than once.
  1. Benefits of a paid eFarmers subscription

eFarmers has 3 levels to its paid subscriptions, each with their own benefits which are listed below:

Basic:
– Number of active listings: 10
– Lower priority in product display
– Verification status available
– Company profile available
– Custom category tagging for listings
– Transaction fee: 2%
– Management dashboard included
– Analytics included

Standard:
– Number of active listings: 20
– Middle priority in product display
– Verification status available
– Company profile available
– Custom category tagging for listings
– Transaction fee: 2%
– Management dashboard included
– Analytics included
– 1 week banner advertisement per month in eFarmers’ weekly email blast

Enterprise:
– Number of active listings: 20
– Top priority in product display
– Verification status available
– Company profile available
– Custom category tagging for listings
– Transaction fee: 2%
– Management dashboard included
– Analytics included
– 1 week banner advertisement per month in eFarmers’ weekly email blast
– 1 paid advertisement on Facebook for a product of the seller’s choice
– 1 week of banner advertisement per month on eFarmers homepage (seller to provide ‘leaderboard’ size banner to eFarmers to be uploaded)
– 50 impressions for 1 product per month on the featured products section on home page

  1. Fees
    1. eFarmers has 3 levels to its paid subscriptions (the benefits of each are outlined above in section 4) which can be paid monthly or annually. Users who pay annually will receive a 10% discount. Basic Subscription Per Month: AUD $24.95, Basic Subscription Per Annum: AUD $269.46, Standard Subscription Per Month: AUD $64.95, Standard Subscription Per Annum: AUD $701.46, Enterprise Subscription Per Month: AUD $199.95, Enterprise Subscription Per Annum: AUD $2,159.46
    2. From time to time, eFarmers may offer a discounted membership fee for your first subscription month and/or year. Any such offer will only be available for the time it is advertised on www.efarmers.com.au and will only apply for your first subscription month and/or year. If your subscription rolls over for a further month or year, or you cancel your subscription and later sign up again, the standard monthly or annual subscription fee listed above will apply.
    3. The subscription fee is payable once you sign up for any of the eFarmers paid subscription levels and eFarmers sends you an email confirming your subscription (or, if you have signed up for a 6 month free basic subscription trial period, on the day following the conclusion of the free trial period). In the case of a renewal of an existing subscription, the subscription fee is payable at the beginning of the new user month and/or year.
    4. You will be automatically charged for the subscription fee using the preferred payment method you have selected, unless you cancel your subscription prior to the charge. UNLESS YOU CANCEL YOUR SUBSCRIPTION, YOU UNDERSTAND THAT    YOUR CHOSEN EFARMERS SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORISE US (WITHOUT NOTICE TO YOU) TO COLLECT THE SUBSCRIPTION FEE USING THE PAYMENT METHOD WE HAVE ON FILE FOR YOU.
    5. If all payment methods eFarmers has on file for you are declined and your subscription fees cannot be paid, you must provide us with a new eligible payment method promptly or your membership will be cancelled.
    6. You will get an invoice sent to your registered email for your eFarmers paid subscription once a payment has been made.

      6. Term and Termination

  1. Your eFarmers paid subscription is valid for 1 month or 1 year from the date of signing up.
  2. If you sign up for a free 6 month trial of the eFarmers basic subscription, your subscription is valid for 6 months from the date of signing up for the free trial. If you do not cancel your subscription within those 6 months, it will automatically renew on the day after the free trial period and your monthly subscription will start on that day.
  3. Your eFarmers paid subscription will automatically renew at the end of each subscription month and/or year for a further month and/or year unless you or eFarmers cancel it prior to the end of the membership period.
  4. If your original payment method is declined and you subsequently provide us with a new eligible payment method and are successfully charged for your subscription fees, your monthly and/or annual subscription will start from the date you signed up or your subscription renewal date, not the date of the successful charge.
  5. eFarmers reserves the right to terminate your eFarmers paid subscription at any time in its discretion, without notice to you, and without refunding your subscription fees – for example, if eFarmers considers that you are misusing the eFarmers service.
  6. If your eFarmers account is terminated for any reason, your eFarmers paid subscription will also be terminated automatically.
  7. Limitation of liability
    1. To the extent permitted by law, eFarmers will not be liable for any loss incurred by you, or for any costs, damages, accident, delay, technical malfunction, injury, expense or inconvenience that arise as a result of or in connection with your eFarmers paid subscription.
  1. Additional terms
    1. You may not transfer or assign your eFarmers paid subscription or any eFarmers paid subscription benefits to any another person.
    2. eFarmers may, in its sole discretion, assign its rights and obligations under this agreement, either wholly or in part, to another eFarmers entity or third party.
    3. eFarmers may amend these Terms at any time by posting the amended terms on efarmers.com.au. We will also notify you of any material amendments through eFarmers Announcements (in the user Dashboard) or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should cancel your eFarmers paid subscription in accordance with section 2.
    4. If any provision of these terms is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect.

The failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of eFarmers’ rights.

Listing conditions:
By listing an item on the eFarmers site, you agree to pay eFarmers’ fees for the listing (subscription fees and 2% transaction fee), assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:

  • When you list an item on the eFarmers site, your listing will be posted on the eFarmers site and can be viewed in the “seller listings” tab within the seller’s dashboard.
  • Your listing will not be immediately searchable by keyword until an eFarmers staff member approves the listing. Once approved, your listing will be sent live and searchable upon the site.
  • We may revise data in the eFarmers product catalog to supplement, remove, or correct information; if your listing uses catalog data that has been revised, those revisions may modify your listing accordingly.
  • Where your listing appears in search and browse results will be based on the paid subscription level (outlined in section 4 – benefits of eFarmers paid subscriptions). Enterprise listings will be displayed first, followed by standard listings and then lastly basic listings (including free basic free trials listings).
  • Your listing will, at all times, comply with eFarmers rules and policies

You must list your item in the most relevant category. Only 1 category can be selected for each listing.

Closing your account:
You may close your eFarmers account at any time by contacting our staff, subject to:

  • not having any outstanding items listed on the website; and
  • resolving any outstanding matters (such as a suspension or restriction on your account); and
  • paying any outstanding fees owing on the account.

Privacy:
We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eFarmers Privacy Agreement. We view protection of users’ privacy as a very important eFarmers principle. We store and process your information on computers located in Australia that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eFarmers Privacy Agreement. If you object to your information being transferred or used in this way please do not use our services.

Privacy of Others; Marketing:
If eFarmers provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

Indemnity:
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the eFarmers services.

Legal disputes:
If a dispute arises between you and eFarmers, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting our staff, all legal notices and formal disputes should be sent to eFarmers Pty Ltd (Suite 206/ 201 Edward Street, Brisbane QLD 4000). We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and forum for legal disputes
This Agreement will be governed in all respects by the laws of Queensland. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and eFarmers irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Community Content Rules:
We offer a wide variety of forums, including product reviews, news articles, user-created product descriptions, comments and more. This gives you access to factual information, personal opinions and guidance on various topics, and allows you to publish your opinions and content on our site.

Community content published or edited by our members is solely the opinion and responsibility of the persons posting the content. All content and behaviour in posting or receiving such content must comply with the eFarmers User Agreement and this policy. If this policy conflicts with the eFarmers User Agreement, you must comply with the eFarmers User Agreement instead of this policy.

It’s important that your content follows these guidelines. If it doesn’t, it may be removed or hidden, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account. To report violations of this policy, please contact us immediately.

Product reviews:
You can write product reviews to help other users learn more about products you own or have used.

What are the guidelines?

Restricted

  • Using profanity or vulgar language in a public area of the site is not allowed.

Not allowed

  • Here are some examples of content or actions that aren’t permitted in the community content areas (reviews, user-created product descriptions and comments). These examples provide guidance for self-publishing content on our site but shouldn’t be viewed as a complete list.
    • Promoting or advertising to buy, sell or trade any product or service listed or located outside of the eFarmers website.
    • Placing published content in the wrong category (miscategorisation).
    • Including feedback or comments about other users.
    • Including unauthorised trademarked or copyrighted content.
    • Using another eFarmers user’s pictures or text without the other user’s express permission.
    • Using intellectual property without the property owner’s express permission, when required. eFarmers strongly encourages users writing and publishing content to familiarise themselves with how eFarmers helps protect intellectual property.
    • Including any advertising credit, including links, logos or company names within published content.
    • Publishing more than one identical piece of content at the same time and in the same context.
    • Encouraging, publishing, promoting, facilitating or instructing others to engage in illegal activity or to violate eFarmers policy.
    • Publishing content in the incorrect forum.
    • Publishing reviews that aren’t specific to the product.
    • Enabling, encouraging, or instructing others to infringe copyrights, trademarks or other intellectual property rights.
    • Promoting giveaways, lotteries, random drawings, raffles or prizes of any kind.
    • Using keywords, random links, inaccurate titles, text or other content not directly relevant to the subject of the community content for the purpose of gaining attention or diverting members to that content.
    • Publishing content or images that are adult in nature or otherwise not appropriate for minors (individuals under 18 years of age).
    • Linking from content published on eFarmers to any third-party website, including those that include offers to trade, sell or purchase goods or services off eFarmers, is generally not permitted.
    • Linking to items, services or content prohibited on eFarmers or to sites that offer items, services or content prohibited on eFarmers.
    • Misrepresenting yourself as an eFarmers employee or as another eFarmers user.
    • Publishing content that promotes or glorifies hatred, violence, racial, or religious intolerance, or content that promotes organisations with such views.
    • Using profanity or patently vulgar language in a public area of the site.
    • Publishing personal contact information of any person in any public area of eFarmers, including emails, phone numbers, name, street address, etc.
    • Misusing the violation reporting function to maliciously or frivolously report content as not in compliance with eFarmers policy.
    • Artificially increasing or decreasing any community content, including ratings and reviews.

Other rules include:

  • You must be a registered and active user of eFarmers to post a comment.
  • We may use your eFarmers username and profile picture, if you have one, to identify you to other users as the person who posted your content
  • We may promote, demote or remove any of your content in community content areas in our sole discretion
  • We may limit the amount of community content you post.
  • When a user refers in community content to an individual, or to a third party’s product, service or trademark, that does not mean eFarmers endorses or claims any endorsement by the individual or third party, nor does it mean we are affiliated.
  • You acknowledge that all posts you make are public.
  • While we may moderate or monitor any comment, we take no responsibility and assume no liability for any comment posted by you or a third party.

Why does eFarmers have this policy?
eFarmers provides the community content areas of the site to promote community interaction by giving members the opportunity to express their individual views and share helpful information. When publishing content, especially individual commentary or opinion, it’s important for members of the community to respect each other as human beings and follow societal norms.

Content that contains or promotes hate, illegal acts, violence or racial intolerance (or organisations dedicated to such notions) has no place in the eFarmers community and is prohibited. In addition, posting activity that violates intellectual property rights or any other laws is prohibited.

Intellectual Property Rules:
We’re committed to providing a safer place to buy and sell items, as well as protecting intellectual property rights. Using intellectual property, such as copyrighted material and trademarks, in an unlawful way is considered infringement, which is against the law and eFarmers policies.

Before listing items on eFarmers, be sure to read and follow our rules below and our listing policies.

Rules That Affect How You Can List Items For Sale

Restricted:

  • Using someone else’s picture or item description without their permission. Be sure you have permission to use pictures or item descriptions created by someone else.

Not Allowed:

In a listing, eFarmers users cannot:

  • Encourage or enable others to infringe copyrights, trademarks, or other intellectual property rights of third parties.
  • Improperly use eFarmers intellectual property, including use of the eFarmers name or logo and linking to the eFarmers website.
  • Include authenticity disclaimers or deny responsibility for the items offered in their listings.

Please contact us if you feel your intellectual property rights have been infringed. It is in eFarmers’ interest to ensure that infringing items are removed the site, as they erode the trust of our buyers and good sellers.

Offers to Buy or Sell Outside of eFarmers Policy:
When a transaction that started out on eFarmers is completed outside of the eFarmers platform, the buyer and seller are no longer covered by eFarmers. As such, contacting another eFarmers user to discuss moving a purchase off eFarmers creates a risk of fraud, and is not permitted.

Buyers and sellers aren’t allowed to use information they’ve obtained on eFarmers to contact each other to buy or sell off eFarmers. Sellers who listed an item on eFarmers must pay all fees for the eFarmers services they’ve used including the 2% transaction fee.

If a seller or buyer asks you to complete a transaction outside of eFarmers, please contact us.

Offers to buy or sell outside eFarmers policy overview
We don’t allow our members to use eFarmers to contact each other to make offers to buy or sell items outside of eFarmers. Also, members can’t use information obtained from eFarmers or any eFarmers systems to contact each other about buying or selling outside of eFarmers.

Sellers are liable for fees arising out of all sales made using some or all eFarmers services, even if sales terms are finalised or payment is made outside of eFarmers.

Sellers are also liable for transaction fees if they offer or reference their contact information, or ask for a buyer’s contact information, in the context of buying or selling outside of eFarmers.

If you receive an offer to buy or sell outside eFarmers, please report it to us.

Make sure you follow these guidelines. If you don’t, you may be subject to a range of actions. We may limit, restrict or suspend you from buying, selling or using site features. All of your listings may be removed, displayed lower or not shown in search results, without refunding any or all applicable fees. You may also forfeit special account status and any discounts. You may be subject to the application of fees and recovery of our expenses in policy monitoring and enforcement.

What are the guidelines?

Allowed

  • Sellers can send a customised offer within eFarmers Messages to a specific buyer for an active fixed price listing.
  • When selling an item with a fixed price which gives buyers a chance to negotiate the price with the seller.

Not Allowed

  • Using member contact information obtained from eFarmers or using any eFarmers system to offer to sell any item outside of eFarmers.
  • Posting or displaying contact information in a listing, including email, phone number and mailing address, without the permission of eFarmers or except as required by law.
  • Cancelling a listing to sell to a buyer who found the item on eFarmers.
  • Including, requesting, offering, or referencing contact information or an offer to buy or sell an item outside of eFarmers within a listing, user to user messagse or other communication with an eFarmers user or any other place on the eFarmers site.
  • Referring to or promoting your personal website (including links to home page web addresses that promote websites outside of eFarmers), sales outside of eFarmers, or other businesses in your listing page or in communications with another eFarmers user.

Additional terms:
It is important to read and understand all our policies as they provide the rules for trading on the eFarmers site. In addition there may be specific policies or rules that apply, and it is your responsibility to check our and policies to make sure you comply.

Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites, including but not limited to:

  • Privacy Agreement
  • Rules for listings
  • Rules about intellectual property
  • Offers to buy or sell outside of eFarmers policy
  • Returns & Shipping

Each of these policies may be changed from time to time. Changes take effect when we post them on the efarmers.com.au site. When using particular services on our site, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

General:
eFarmers is located at Suite 206/ 201 Edward Street, Brisbane QLD 4000.

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn’t waive our right to act on subsequent or similar breaches.

We may amend this Agreement at any time by posting the amended terms on efarmers.com.au. We will also notify you of any material amendments through eFarmers Announcements (user dashboard) or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account and contact us.

This Agreement contains the entire understanding and agreement between you and eFarmers. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.