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Terms & Conditions

1. Introduction

Welcome to Heavy Gear Mart, an online platform that provides advertising space for third-party vendors to list earthmoving and mining machinery and equipment for sale. By accessing or using our website, you agree to comply with and be bound by these terms and conditions. If you do not agree with any part of these terms, you must not use our services.

 

2. Company Information

 

3. Services Offered

Heavy Gear Mart provides a platform for third-party vendors to list and advertise their products and services related to earthmoving and mining machinery and equipment. We facilitate communication between buyers and sellers but are not involved in the transaction process, payment handling, or delivery of products.

 

4. User Registration

  • Registration is required for both buyers and sellers to use the platform.
  • Information collected during registration includes name, email address, phone number, ABN/ACN, and business details.
  • Sellers are responsible for ensuring their compliance with Australian business laws, including maintaining a valid ABN if required.

 

5. Usage Restrictions

  • Users must act in accordance with Australian consumer and civil law.
  • Heavy Gear Mart reserves the right to restrict access to users who violate these terms or engage in misconduct.

 

6. Seller Listings

  • Sellers must provide accurate, legal, and up-to-date content for their listings. They are solely responsible for the information they provide.
  • Sellers are required to comply with Australian advertising and consumer protection laws.
  • Sellers acknowledge that they are not employees, contractors, or agents of Heavy Gear Mart.

 

7. Buyer Interaction

  • Buyers can contact sellers through the messaging service provided on the Heavy Gear Mart website.
  • Payment and delivery of goods are arranged directly between buyers and sellers.

 

8. Transactions

  • Heavy Gear Mart acts solely as an advertising and communication platform.
  • All transactions, including payments and delivery arrangements, are conducted directly between buyers and sellers. Heavy Gear Mart is not responsible for disputes, delays, or issues arising from these transactions.
  • Heavy Gear Mart does not provide escrow services or payment processing.

 

9. Content and Listings

  • Sellers are solely responsible for ensuring that their content complies with Australian laws, including accuracy and legality of the products and services advertised.
  • There are no restrictions on the types of equipment or machinery that can be listed, as long as they comply with relevant laws and guidelines.

 

10. Privacy and Data Use

  • Heavy Gear Mart collects information such as email addresses, phone numbers, and usage statistics for quality control, training, marketing, and advertising purposes.
  • All collected data becomes the property of Heavy Gear Mart upon user registration.
  • Buyer and seller information may be shared with third parties with a vested interest or used to refine marketing strategies, in compliance with Australian privacy laws.

 

11. User Conduct

  • Users must act respectfully and in accordance with Australian consumer and civil law.
  • Accounts may be suspended or terminated for abusive conduct, negligence, improper documentation, or misrepresentation of products.

 

12. Dispute Resolution

  • Disputes between buyers and sellers should first be handled directly between the parties involved.
  • Heavy Gear Mart may, at its discretion, mediate disputes. However, it does not guarantee resolution.

 

13. Intellectual Property

  • Users may not post content they do not own or have rights to.
  • Conversations and content shared on the platform may be kept confidential by Heavy Gear Mart.

 

14. Limitation of Liability

  • Heavy Gear Mart is not liable for any issues arising from interactions or transactions between users, including but not limited to, fraud, misrepresentation, or failure to deliver goods or services.
  • The platform is not responsible for verifying the legitimacy of seller-provided information, including ABN/ACN details.

 

15. Indemnification

  • Users agree to indemnify and hold Heavy Gear Mart harmless from any claims arising from their use of the platform, including disputes with third parties or violations of Australian laws.

 

16. Third-Party Links and Services

  • Heavy Gear Mart may feature third-party links or advertisements. Heavy Gear Mart does not endorse or have any affiliation with the products or services advertised by third parties.

 

17. Advertising and Promotions

  • Sellers must ensure that their listings and promotional content comply with Australian advertising laws and the guidelines set by Heavy Gear Mart.
  • Sellers agree to hold Heavy Gear Mart harmless for any claims arising from non-compliance.

 

18. Termination of Service

  • Heavy Gear Mart reserves the right to terminate a user’s access for misuse, misconduct, misleading or false advertising, or any other violation of these terms.

 

19. Modifications to Terms

  • Changes to the terms and conditions will be communicated to users via notifications and a link to the updated terms.
  • Continued use of the platform after changes have been made constitutes acceptance of the updated terms.

 

20. Compliance with Laws

  • Heavy Gear Mart complies with all applicable Australian advertising, consumer protection, and privacy laws.
  • Users are responsible for ensuring compliance with any laws applicable to their transactions or listings.

 

21. Contact Information

For any legal matters or questions regarding these terms and conditions, please contact support@heavygearmart.com.au.