A. The Operator owns and operates the Platform.
B. The Operator provides the User with an opportunity to access the Website, register to utilise the Application and to become a Member.
C. The Platform, via the Website and the Application provides a means of connecting Users who wish to buy and sell Animals.
D. Users may post listings of Animals via the Website or Application.
E. By accessing the Website or downloading the Application, the User agrees to be bound by these Terms and any other Policies or Conditions as applicable from time to time.

In this Agreement unless inconsistent with the context or subject matter:

1.1 Animals means cattle, sheep, horses, goats, pigs, cats, dogs and any other animal that may be lawfully sold in Australia.
1.2 Application means the application developed by the Operator to allow Users list Animals for sale using the Platform.
1.3 Australian Consumer Law means the law contained in the Competition and Consumer Act 2010 (Cth.
1.4 Authorised Agent means a duly qualified (as required by the Operator from time to time) and registered agent, duly authorised by the Buyer or Seller (as the case may be) to act as an agent for the sale of the Animals
1.5 Buyer means a buyer or potential buyer of Animals.
1.6 Conditions means any conditions of sale or purchase or auction of Animals as set by the Operator from time to time and which will be available via the Platform.
1.7 Listing Fees means the fees payable to the Operator set out in the fee schedule published by the Operator from time to time.
1.8 Member means a User who applies for and is accepted by the Operator to be registered as a member with access the Member Benefits.
1.9 Member Benefits means the benefits that are available to Members who apply for and are accepted by the Operator to be registered as members and who then have access to the benefits notified by the Operator to the Members or otherwise published from time to time.
1.10 Operator means You Choose Pets and Livestock Australia Pty Ltd A.C.N 669 931 159
1.11 Operator’s IP means any patents, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software ((including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts,
1.12 design elements and interactive features), database rights, rights in confidential information, and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsistent now or in the future of any part of the world, whether owned by or licensed to the Operator, which are directly or indirectly related to the Platform, the Application, the Website or the business of the Operator.
1.13 Platform means the online marketplace for advertising Animals for sale which is operated by the Operator and made available to the User via the Application and the Website.
1.14 Policies means any policies relating to the use of the Application, conduct between Users, policies relating to Members as set by the Operator from time to time and which are available via the Application or Website.
1.15 User means any user accessing the Platform via the Application or Website,
1.16 Seller means a seller or potential seller of Animals via the Platform.
1.17 Website means youchoosepetsandlivestock.com

2.1 In this Agreement unless inconsistent with the context or subject matter:

(a) A reference to a person includes any other legal entity;
(b) A reference to a legal entity includes a person;
(c) Words importing the singular number include the plural number;
(d) Words importing the plural number include the singular number;
(e) The masculine gender must be read as also importing the feminine or neuter gender;
(f) Clause headings are for reference purposes only and must not be used in interpretation;
(g) Where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(h) A reference to a statute includes all regulations and subordinate legislation and amendments;
(i) References to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;
(j) A reference to a monetary amount is a reference to an Australian currency amount;
(k) An obligation of two or more parties binds them jointly and each of them severally;
(l) An obligation incurred in favour of two or more parties is enforceable by them severally;
(m) References to time are to local time in Queensland;
(n) Where time is to be reckoned from a day or event, the day or the day of the event must be excluded;
(o) A reference to a business day means any day on which trading banks are open for business in Queensland;
(p) If any time period specified in this Agreement expires on a day which is not a business day, the period shall expire at the end of the next business day;
(q) A reference to a month means a calendar month.

3.1 Any User wishing to utilise the Platform whether via the Application or the Website is bound by these Terms and these Terms are deemed to be accepted by downloading the Application or accessing the Website. Compliance with these Terms is a condition of use of the Website or Application,
3.2 Further Conditions and Policies will apply to the sale or purchase of Animals and may regulate the conduct of Users and Members. Adhering to those Conditions and Policies is a condition of these Terms and a breach of the Conditions and Policies may amount to a breach of these Terms, entitling the Operator to terminate the User’s access to the Platform.

4.1 A User must be registered as a Member to access the Platforms to list for sale, Animals using the Platform.
4.2 To be registered as a Member, the User must:-
(a) Not be bankrupt or subject to any form of insolvency;
(b) Be at least 18 years of age;
(c) Satisfy any eligibility requirements of the Operator (including, without limitation, the requirement to be appropriately licensed to deal with Animals where applicable).
(d) Comply with any verification of identify requirements of the Operator;
4.3 The Operator reserves its right to deny any application for a Member account in its absolute discretion.
4.4 A Member may be entitled to certain Member Benefits as notified by the Operator from time to time.

5.1 All Members:-
(a) Must comply with these Terms, the Policies and the Conditions.
(b) Are responsible for the security of their username and passwords to the account and must not share those details with any third party.
(c) Must keep their details current at all times.
(d) Must ensure that the content of an listings or any communications with other Members is accurate and current and does not contain any misrepresentation or information which could mislead another person.
(e) Must contact the Operator if:-
i) The Member becomes aware of unlawful or improper use of the account;
ii) The Member’s account is compromised in any manner;
iii) The Member wishes to close the account.
(f) Acknowledge that the Operator may suspend or close the Member’s account where:
i) Suspicious or unlawful or improper activity (in the opinion of the Operator) is detected or suspected;
ii) The contact details of the Member are not current or up to date and/or the Operator has been unable to reach the Member using the contact details provided;
iii) Provided for in clause 14.
(g) Must not use, copy, reproduce etc the images, logos, content, information or data published on the Platform without the express written consent of the Operator.
(h) Acknowledge and agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from a Members Account without notice and may result in termination of the Account.

6.1 Each Member warrants that:-
(a) They have the requisite capacity and authority to apply for an account with the Operator (including where an individual is acting on behalf of a company, partnership or trust).
(b) They have (or will have the relevant time) the requisite capacity and authority to place a listing (if applicable) and to enter the Sale Contract (if applicable).
(c) They will only use the Platform for lawful purposes.
(d) Where a Member is an Authorised Agent, that the Member is properly appointed by the Buyer or Seller and has all the authorisations, licenses and consents necessary to act in that capacity for the jurisdiction in which they are transacting.

7.1 All Users are required to comply with these Terms and any Conditions and Policies published by the Operator from time to time, as a condition of use of the Platform.
7.2 Access to the Platform is granted as a personal, non-exclusive, non-transferable licence to access the Platform via the Website and/or Application and to use the Platform in accordance with these Terms.
7.3 A User of the Platform will be entitled to:
(a) Peruse listings of Animals posted by Members;
(b) If registered as a Member, create listings of Animals and upload supporting documentation and photographs in support of the listing;
(c) If registered as a Member, communicate with other Members in respect of Animals that are listed by that Members.
7.4 The Operator may, in its absolute discretion:
(a) adjust the features available to Members based on the category or level of membership, details of which will be published by the Operator from time to time.
(b) Remove any listing where the Operator considers that the listing is or inconsistent with or contrary to these Terms and any Policies and Conditions that apply from time to time.
7.5 The Platform must not be used for:-
(a) for illegal purposes or practices including the listing or transmitting any content that would be a contravention of any law;
(b) for any purpose the Operator advises is not permitted;
(c) to transmit, publish or communicate any material or engage in any conduct which is offensive, defamatory, abusive, menacing or harassing;
(d) to engage in offensive, rude or abusive behaviour toward Members and other Users;
(e) to engage in conduct which is misleading or deceptive, unconscionable, fraudulent or unlawful or in breach of the Australian Consumer Laws.
(f) to breach intellectual property rights of any third parties including listing, publishing, accessing or storing any content which infringes any copyright, trademark, trade secret, patent or other property or other intellectual property rights of any third party unless you are the owner of, or have the permission of the owner to post or transmit the content;
(g) to access, monitor, use or control any other person’s equipment, systems, networks or to otherwise probe, scan or test the vulnerability of any other person’s equipment, networks, systems or data, without that person’s consent.
(h) To employ identity disguising techniques: including relaying email via a third party’s mail server without permission, hosting an open mail relay server, or employing similar techniques to hide or obscure the source of an email;
(i) to access, or attempt to access, the accounts or private information of others or to circumvent the Platform security measures;
(j) To engage in malicious activity including:
i) Obtaining (or attempting to obtain) unauthorised access to data by circumventing (or attempting to circumvent) security controls designed to prevent unauthorised access;
ii) to access, store, reproduce, distribute or publish any content which is prohibited or unlawful under any Commonwealth, State or Territory law or classification system, or to provide unrestricted access to material that is unsuitable for minors.
iii) To spread viruses, including knowingly hosting or transmitting any content that contains any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
7.6 All Members and Users must use their best endeavours to secure any device or network within their control against being used in breach of these Terms by third
parties and to protect their own information. This may include:
(a) the installation and maintenance of antivirus and firewall software;
(b) ensuring the protection of all account information and password information
and taking all reasonable care to prevent unauthorised access.

8.1 The Operator provides the Platform and the Application but is not a Buyer, Seller or agent for a Buyer or Seller and at no times will it act as a Buyer, Seller auctioneer or agent for a Buyer or Seller.
8.2 The Operator is not a party to any sale contract and is not obliged to enforce the terms of any sale between the Buyer and the Seller, including the refund of any payments. The Operator may assist with dispute resolution.
8.3 The Operator shall use all reasonable endeavours to ensure the uninterrupted operation of the Platform

9.1 The Platform allows Members to create listings and communicate with other Members in respect of the sale/purchase of Animals. The Buyer and Seller shall be responsible for agreeing terms and make all necessary arrangements for the transport of the Animals, the transfer of any registration and obtaining all licenses and permits and approvals necessary for the sale/purchase of the Animals.

10.1 A Member must pay the Listing Fee to make a listing. Classified pricing is arranged by Animal. A Member may be liable for other charges notified by the Operator from time to time.
10.2 The Operator may cancel or suspend any listing where a Member has unpaid Listing Fees.
10.3 All payments made in the course of your use of the Platform are made using Stripe. In using the Platform or when making any payment under these Terms you warrant that you have read, understood and agree to.

11.1 The Operator’s IP is owned by the Operator and must not be used, copied, or exploited by any User without the express written consent of the Operator or unless otherwise specified in these Terms.
11.2 To the extent that use of the Platform requires use or the benefit of the Operator’s IP, then the User is granted a non-exclusive, personal, non-transferable licence to use the Operator’s IP to take advantage of the Platform and for no other purpose.
The User must not utilise the Operator’s IP in any way inconsistent with its rights including, without limitation, by unauthorised copying, adaptation, reproduction, distribution, modification, commercialisation, exploitation or similar. The User shall indemnify the Operator for any loss or damage suffered by the Operator as a result of the User acting in breach of these provisions or contrary to the Operator’s rights in the Operator’s IP.
11.3 Any information or content which is provided or uploaded by a Member via the Platform (including, without limitation, photographs, documents pertaining to the Animals, Member information) remains the property of the Member. The Member grants the Operator a royalty free, non-exclusive, transferrable, irrevocable licence to use, modify, reproduce, host, transmit or display such content or information for any purpose relating to or ancillary to:-
(a) Allowing access to the Platform and the listing of Animals on the Platform.
(b) To assist a Member to understand or utilise the Platform.
(c) To promote or improve the Platform.
(d) Assisting with any dispute resolution arrangements.
(e) To market products or services that may be relevant to the Member.
11.4 All Users acknowledge that the Operator:
(a) Is not responsible for the content or listing of any Member and does not warrant the accuracy of the information provided by Members via the Platform.
(b) Is not recommending the sale or purchase of Animals listed on the Platform.
(c) Is not responsible for any information or misinformation viewed, obtained or listed on the Platform or through the use of the Platform.
(d) Excludes, to the greatest extent permitted at law, all liability for any loss or damage, whether arising directly or indirectly suffered by any User or third party as a result of reliance on or use of any information available through the Platform.

12.1 The Operator does not accept responsibility for loss or damage related directly or indirectly to any use of the Platform or listing on the Platform. For the avoidance of doubt, the Operator is not liable: –
(a) to a Member for any costs, expenses or loss associated with the sale and purchase of Animals.
(b) For consequential loss including loss of property or opportunity or damage to goodwill arising of a Member or third party which is related directly or indirectly to the Platform.
(c) For failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records of the User.
(d) the accuracy, suitability or currency of any information on the Platform (including third party material and advertisements).
12.2 Each User is liable for and indemnifies the Operator against liability or loss arising from, and cost incurred in connection with any breach or misuse of the Platform by the User or any breach by a User of these Terms and any Conditions and Policies that apply to the use of the Platform from time to time.
12.3 Each User release the Operator from, and agrees that the Operator is not liable for any cost, expense, damage, liability, or loss arising from, and cost incurred in connection with:
(a) The Platform not being available.
(b) A breach of these Terms, the Conditions or the Poilcies by another User.
12.4 The Operator excludes any liability to you for any indirect, special or consequential loss, costs, or damage (including, but not limited to, loss of profits, loss of revenue, loss of data, loss of bargain, damage to reputation and expectation loss) arising out of this Agreement.
12.5 Where the Australian Consumer Law applies to these Terms such that the Operator is unable to limit its liability for any breach of any such consumer guarantee or warranty that cannot be excluded, the amount of the Operator’s liability is capped at the value of any Listing Fees paid to the Operator by the Member.

13.1 The Operator is committed to maintaining the confidentiality and security of its User’s personal information and managing it in an open and transparent way. The privacy policy can be accessed via the Website or App or by request via hello@youchooseapp.com.au

14.1 By signing up for our app, you agree to receive email communications from us. These communications may include important updates, newsletters, promotional offers, and other relevant information related to our app.
14.2 Upon signing up for the app, your email address will be automatically added to our email list unless you explicitly opt-out through the provided preferences settings.
14.3 We strive to maintain a reasonable frequency of emails to keep you informed without overwhelming your inbox. However, we reserve the right to adjust the frequency based on the nature of the communication and the needs of the app.
14.4 If you wish to stop receiving emails from us, you can easily opt-out by following the unsubscribe link provided in the emails. Alternatively, you can adjust your email preferences within the app settings.
14.5 We are committed to protecting your privacy and ensuring the security of your information. Your email address will not be shared, sold, or rented to third parties without your explicit consent. For more details, please refer to our Privacy Policy.

15.1 These Terms are binding on all Users from the time at which the Website is accessed, or the Application downloaded, until terminated in accordance with this clause or upon cancellation of an account by a Member.
15.2 The Operator may, in its absolute discretion, cancel or suspend the account of a Member and access to the Platform where a Member:
(a) breaches any of the obligations in these Terms, the Policies or Conditions and, if such breach is capable of remedy, it has not been remedied within 7 days of being notified by the Operator in writing, to do so;
(b) fail to pay the Listing Fees; or
(c) are convicted of a criminal offence; or
For the avoidance of doubt, where any breach is material or persistent or, in the Operator’s reasonable opinion, is not capable of remedy, it may immediately terminate the account of the Member.
15.3 A Member may cancel its account by providing the Operator with 7 days’ notice of your intention to terminate by sending notice of your intention to terminate to the Operator via the ‘Contact Us’ link.
15.4 Upon termination, the Member will remain liable for any Listing Fees owed to the Operator for the period up until termination.

16.1 These Terms are governed by the laws of Queensland and the Commonwealth of Australia which are in force in Queensland.
16.2 The parties submit to the jurisdiction of the Courts of Queensland.

17.1 These Terms, Conditions and Policies may be amended by the Operator from time to time to reflect changes in our app or legal requirements, by posting updated versions of the relevant document or publishing via the Platform.
17.2 Such revised Terms, Conditions and Policies shall take effect from the date they are published unless another date is specified. However, where the version of the Sale Contract is amended, any Sale Contract that has been formed in respect of a transaction that occurred prior to the amendment date, the earlier form of the Sale Contract shall apply to the transaction until its completions.
17.3 It is your responsibility to review these terms periodically. Continued use of the app constitutes acceptance of the updated terms.
17.4 Where a Member is not satisfied with any variation, it may cancel its membership and account with the Operator.

If any part of these Terms is found to be void or unenforceable then that clause or clauses shall be severed from these Terms and the remain Terms shall continue to apply.