USER AGREEMENT

This User Agreement, the Shepsters Privacy Policy, and all policies posted on our sites set out the terms on which Shepsters offers you access to and use of our sites, services, applications and tools (collectively “Services”). You agree to comply with all the above when accessing and using our Services.

The entity you are contracting with is Shepsters Pty Ltd.

This User Agreement is effective upon acceptance for users who accept it through registration of a Shepsters Garage account or other electronic click-through from 14 June 2014.

Please be advised that this User Agreement contains provisions that govern how claims you and we may have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration.

About Shepsters Garage

Shepsters is a social media virtual garage and marketplace that allows users to trade, sell and buy automotive parts in a variety of pricing formats and locations as well as showcase and sell their automotive projects.

As a marketplace, Shepsters does not own or sell the items listed on this site, so the actual contract for sale is directly between the sellers and buyers.

While we may provide pricing, shipping, and other guidance in our Services, such guidance is solely informational and you may choose not to follow it. Also, while we may help facilitate the resolution of disputes, Shepsters has no control over and does not guarantee the existence, quality, merchantability, fit for its usual purpose, safety or legality of items showcased / 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.

User obligations

While using or accessing the Services you must not:

• post, list or upload inappropriate content or items in our site;
• breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
• fail to pay for items you have agreed to purchase, unless you and the selling user have come to an alternative agreement;
• fail to deliver items sold by you, unless the buyer fails to follow the posted terms, or you cannot contact the buyer;
• interfere with other user’s listings;
• post false, inaccurate, misleading, defamatory, or libelous content;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Shepsters, or the interests or property of Shepsters users;
• use any robot, spider, scraper or other automated means to access our Services for any purpose;
• interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• copy, modify, or distribute rights or content from our Services or Shepsters’ copyrights and trademarks;
• copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of Shepsters and the appropriate third party, as applicable;
• commercialize any Shepsters application or any information or software associated with such application; or
• harvest or otherwise collect information about users, including email addresses, without their consent.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Actions we may take

Without limiting other remedies, we may, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

• we think that you are creating problems or possible legal liabilities;
• we think that such restrictions will improve the security of the Shepsters’ community
• we think that you are infringing the rights of third parties;
• we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
• despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
• you fail to pay us all fees due for our Services by your payment due date.

We reserve absolute discretion to undertake any remedies to rectify issues between users and / or between users and Shepsters.

Fees

There are currently no fees for use of the Shepsters website. 

Purchase Conditions

When buying an item, you agree to the rules for buyers and that:

You are responsible for reading the full item listing before making a commitment to buy.

You enter into a legally binding contract to purchase an item when you commit to buy an item.

As Shepsters will host sales of motor vehicles and parts, an offer to buy initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.

We do not transfer legal ownership of items from the seller to the buyer.

Content

When providing us with content or posting content using Shepster’s Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sub-licensees or assignees.

You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.

We may contact you

You agree to be contacted by us to assist us with providing the Services.

Disclaimer of Warranties; Limitation of Liability

Shepsters try to keep the Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold Shepsters Pty Ltd responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

• your use of or your inability to use our Services;
• pricing, shipping or other guidance provided by Shepsters;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing, or linking to, our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any Shepsters Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of User Obligations set out above;
• your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.00.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of Shepster’s Services or your breach of any law or the rights of a third party.

Legal Disputes

You and Shepsters agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Shepsters User Agreement your use of or access to the Shepters’ site, services, applications, and tools, or any products or services sold or purchased through Shepters’ sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

A. Applicable Law

You agree that the laws of the State of Victoria, in Australia, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Shepsters, except as otherwise stated in the User Agreement.

B. Agreement to Arbitrate

You and Shepsters each agree that any and all disputes or claims that have arisen or may arise between you and Shepsters relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Shepters’ Services, or any products or services sold, offered, or purchased through Shepters’ Services shall be resolved exclusively through final and binding arbitration, before a qualified member of the Law Institute of Victoria. The costs of the arbitration will be shared equally between the parties.

General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.  In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on the Shepsters Garage website. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective upon posting. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an authorised Shepsters representative.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Shepsters Garage website.

The User Agreement, the Shepsters Privacy Policy, and all polices set forth the entire understanding and agreement between you and Shepsters and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.

If you are an Australian resident you may report complaints regarding the trade / sell / buy of automotive parts to the Australian Competition Law administrative bodies in your relevant state.