1. About the Website

 (a) Welcome to rigsalesaustralia.com (Website). The Website provides you with an opportunity to browse and inquire about various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Broker Services).

(b) The Website is operated by Rig Sales Australia(ACN 630886010). Access to and use of the Website, or any of its associated Products or Services, is provided by Rig Sales Australia. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) Rig Sales Australia reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Rig Sales Australia updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms 

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Rig Sales Australia in the user interface.

3. Registration to use the Broker Services

(a) In order to list equipment on the Broker Services, you must first complete a listing agreement. As part of the agreement process, or as part of your continued use of the Broker Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(ii) Mailing address

(iii) Telephone number

(b) You warrant that any information you give to Rig Sales Australia in the course of completing the registration process will always be accurate, correct and up to date.

(c) Once you have completed the listing process, you will be classified as a Seller (Member) and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Broker Services.

(d) You may not use the Broker Services and may not accept the Terms if:

(i)  you are not of legal age to form a binding contract with Rig Sales Australia; or

(ii) you are a person barred from receiving the Broker Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Broker Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Broker Services only for purposes that are permitted by:

(i) the Terms;

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(iii) you have the sole responsibility for protecting the confidentiality of your email address;

(iv) any use of your Seller information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Rig Sales Australia of any unauthorised use of your email address or any breach of security of which you have become aware;

(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Rig Sales Australia providing the Broker Services;

(vi) you will not use the Broker Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Broker Services. Appropriate legal action will be taken by Rig Sales Australia for any illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Broker Services is prohibited.

5. Broker of Products

(a) After inquiry and a request to move forward, the customer (Buyer) is required to fully inspect the Equipment or have a professional third party to do so for them at cost to the Buyer.

(b) The Buyer must contact Rig Sales Australia to negotiate Brokered Price and begin the Sale process.

(c) Both Buyer and Seller will be required to sign an agreement that clearly outlines the Brokered Price and any amendments that have been agreed upon.

(d) A Deposit not less than 5% is needed within 48 hours of the agreement being signed to ensure Equipment is secured by the Buyer while arranging finance.

(e) In using the Broker Services to inquire about the Product listed on the Website, you will agree to make the payment of the agreed Brokered Price negotiated by Rig Sales Australia for the Product (Brokered Price).

(f) Payment of the Brokered Price may be made through Direct Bank Transactions (Payment Gateway Provider). In using the Broker Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

(g) Following payment of the Brokered Price being confirmed by Rig Sales Australia, you will be issued with a confirmation that the payment has been received and Rig Sales Australia may record your purchase details for future use.

(h) All Equipment is to be transported at the cost and arrangement of the Buyer.

(i) The Seller’s obligations are limited to allowing inspections and the sale of the Product itself. Any additional services or support will need to be negotiated separately between the Buyer and Seller and included as a clause in the Amendments section of the Purchase Agreement before signing.

6. Copyright and Intellectual Property

(a) The Website, the Broker Services and all of the related products of Rig Sales Australia are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content ) are owned or controlled for these purposes and are reserved by Rig Sales Australia or its contributors.

(b) Rig Sales Australia retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Rig Sales Australia; or

(ii) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(iii)a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of Rig Sales Australia and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

7. Privacy

Rig Sales Australia takes your privacy seriously and any information provided through your use of the Website and/or the Broker Services are subject to Rig Sales Australia’s Privacy Policy, which is available on the Website.

8. General Disclaimer

(a) You acknowledge that Rig Sales Australia does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than those provided for pursuant to these Terms.

(b) Rig Sales Australia will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, condition and location may differ from what is displayed on the Website.

(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(d) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(ii) Rig Sales Australia will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Broker Services or these Terms (including as a result of not being able to use the Broker Services or the late supply of the Broker Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Website, the Broker Services, and any of the products of Rig Sales Australia , is at your own risk. Everything on the Website, the Broker Services, and the Products of Rig Sales Australia, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Rig Sales Australia make any express or implied representation or warranty about its Content or any products or Broker Services (including the products or Broker Services of Rig Sales Australia) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) 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;

(ii) the accuracy, suitability or currency of any information on the Website, the Broker Service, or any of its Content related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Broker Services or any of the Products;

(iv) the Content or operation in respect to links that are provided for the User’s convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

9. Limitation of Liability

(a) Rig Sales Australia’s total liability arising out of or in connection with the Broker Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Broker Price paid by you under these Terms or where you have not paid the Broker Price, then the total liability of Rig Sales Australia is the resupply of information or Broker Services to you.

(b) You expressly understand and agree that Rig Sales Australia, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) Rig Sales Australia is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Broker Services, whether posted or caused by users of the website of Rig Sales Australia, by third parties or by any of the Broker Services offered by Rig Sales Australia.

10. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Rig Sales Australia as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) notifying Rig Sales Australia at any time; and

(ii) closing your accounts for all of the Broker Services which you use, where Rig Sales Australia has made this option available to you.

(c) Your notice should be sent, in writing, to Rig Sales Australia via the ‘Contact Us’ link on our homepage.

(d) Rig Sales Australia may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) Rig Sales Australia is required to do so by law;

(iii) the partner with whom Rig Sales Australia offered the Broker Services to you has terminated its relationship with Rig Sales Australia or ceased to offer the Broker Services to you;

(iv) Rig Sales Australia is transitioning to no longer providing the Broker Services to Users in the country in which you are resident or from which you use the service; or

(v) the provision of the Broker Services to you by Rig Sales Australia is, in the opinion of Rig Sales Australia, no longer commercially viable.

(e) Subject to local applicable laws, Rig Sales Australia reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Broker Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Rig Sales Australia’s name or reputation or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Rig Sales Australia have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

11. Indemnity

(a) You agree to indemnify Rig Sales Australia, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(iii) any breach of the Terms.

12. Dispute Resolution

12.1.     Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

12.2.     Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

12.3.     Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the

selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Brisbane, Australia.

12.4.     Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

12.5.     Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

13. Venue and Jurisdiction

The Broker Services offered by Rig Sales Australia are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

14. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.