Dear Advertiser –

Welcome to www.machinesonline.com.au, Australia’s leading digital marketplace for machinery and equipment sales.

About Machinesonline.com.au

www.machinesonline.com.au is designed as a focused and affordable digital platform connecting buyers and sellers of industrial machinery and equipment. We cater primarily to these categories:

• Attachments, Buckets, Implements
• Concrete Equipment & Plant
• Construction & Earthmoving
• Cranes & Forklifts
• Engines, Motors & Parts
• Farm & Agricultural Equipment
• Forestry & Logging Equipment
• Generators, Compressors & Pumps
• Heavy Machinery & Plant
• Mining, Quarrying, Oil & Gas

Our Commitment to Advertisers

We strive to provide a user-friendly platform, organized by precise categories, to ensure that machinery listings reach the most relevant buyers. Our fee-based advertising packages are designed for different needs, and from time to time, we may offer free listings for private sellers during promotional periods.

To keep www.machinesonline.com.au streamlined, we aim to limit unrelated third-party advertising. You’ll find an experience focused on simplicity, efficiency, and security.

Your Privacy and Protection

Our services comply with Australian laws, including strict privacy protections. We limit the personal information we collect and do not sell data to third parties.

Understanding Your Agreement

We recommend reviewing the Advertiser Agreement Terms & Conditions, which cover:

Clause 1: Website Ownership and Licensing

Clause 2:  Parties to this Advertiser Agreement

Clause 3: Website Facilitation

Clause 4: Term of Agreement

Clause 5: Advertisers

Clause 6: Advertising Packages & Accuracy of Listings

Clause 7: Advertising Fees & Payment Terms

Clause 8: Publication of Advertisements (Acceptance)

Clause 9: Advertiser Account Password & Email

Clause 10: Data Collection and Use

Clause 11: Intellectual Property Rights

Clause 12: Advertiser Indemnification

Clause 13: MachinesOnline’s Indemnification

Clause 14: Prohibited Practices

Clause 15: Dispute Resolution

Clause 16: Modification of Agreement

Clause 17: Governing Law and Jurisdiction

Clause 18: Privacy Policy

Clause 19: Account Breaches and Data Security

Clause 20: Force Majeure

Clause 21: Entire Agreement

Clause 22: Agreement to Terms and Conditions

Please note that proceeding to placing an advertisement on this website signifies your agreement to these terms.

1. Website Ownership and Licensing

This website, www.machinesonline.com.au, is owned and operated by MotoCafe Holdings Pty Ltd (Australia) [ACN: 123456789 | ABN: 987654321] (MotoCafe) which for the purposes of this website trades under the name Machines Online Australia (herein, throughout this website, referred to “Machines Online,” “we,” “our,” or “us” meaning MotoCafe). The intellectual property relating to this website’s constructive and operational platform, including all data and coding, is owned by China Pacific Partners Ltd (Hong Kong) and licensed exclusively to MotoCafe for use within Australia and New Zealand.

Please take the time to carefully review the following Terms and Conditions for Advertising on this website. These Terms and Conditions govern the legal arrangement for advertising on this platform. Should you have any questions or require clarification regarding these Terms and Conditions, please do not hesitate to contact us using the contact details provided at the end of this webpage. We will make every effort to address your inquiries and provide satisfactory answers.

2. Parties to this Advertiser Agreement

The parties to this Advertiser Agreement (“Agreement”), namely MachinesOnline and the Advertiser agree to be bound by the following ‘Terms and Conditions’ (T&Cs) governing their dealings, to the extent permitted by law.

Definition of Advertiser: For the purposes of this Agreement, the “Advertiser” refers to the individual, company, or entity, including authorised agents or representatives thereof, that place an advertisement(s) on this website.

Entities that are ‘service providers’—meaning those not directly engaged in the sale or hire of machinery or equipment—hereinafter called (“Third Party Service Providers”) are subject to a separate Advertiser Agreement, namely the “Service Provider Advertiser Agreement”.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows:

3. Website Facilitation

a. MachinesOnline operates this website solely as an online platform facilitating advertisements by Advertisers—including dealers, brokers, manufacturers, private sellers, and third-party service providers—seeking to promote machinery and/or equipment for sale or hire, and for the provision of related services, to prospective buyers or hirers.

b. All transactions originating from this website, including as to communications and agreements related to the sale, hire, or provision of goods or services advertised are conducted directly between the Advertiser and the prospective buyer(s) or hirer(s).

c. MachinesOnline is not a seller, vendor, or provider of any machinery, equipment or services advertised on this website.

d. MachinesOnline does not own, inspect or guarantee any items or services listed on this website.

e. For the avoidance of doubt, the appearance of an advertisement on this website does not constitute an endorsement by MachinesOnline of the seller or hirer, nor of the advertised machinery and/or equipment, or any services proffered.

f. The fees charged by MachinesOnline for advertising on this website are solely to facilitate the placement and display of advertisements. These fees are neither calculated based on nor contingent upon any form of remuneration, commission, or other payment related to the proceeds achieved from the sale or hire of any machinery, equipment, or provision of services advertised on this website.

g. Notwithstanding Clause 3(e) above, MachinesOnline may receive a commission, introduction fee, success payment, or other form of remuneration in connection with goods or services advertised on this website, where a successfully concluded transaction occurs. For example, if an insurance product or service is advertised on this website and an entity purchases that insurance product or service following an introduction facilitated through this website, MachinesOnline may receive remuneration.

Clause 4:       Term of Agreement

This Agreement shall commence on the “Begin Date,” being the date MachinesOnline receives the initial submission of the advertisement for publication (See Clauses 8 & 22 below). The Agreement shall remain in effect for the selected advertising period and shall automatically renew on the same agreed or modified terms upon renewal of the advertisement, continuing until the advertisement is either cancelled or withdrawn (See Termination / Cancellation Clauses 7(c),(d),(e) & (f) below).

Clause 5:       Advertisers

To place an advertisement on this website:

Advertisers who are natural persons, must be 18 years of age or over.

Advertisers that are companies or other legal entities, must be duly incorporated and/or registered in Australia.

Clause 6:       Advertising Packages & Accuracy of Listings

This website offers a limited free advertising option, as well as a range of standard, advanced, and featured advertising packages, at various prices. Advertisers may select an advertising package that best suits the offer for sale or hire of their machinery or equipment.

Pricing requirements: The price of any machinery or equipment offered for sale or hire on this website must be in Australian Dollars (AUD). Advertisers are also required to specify whether the advertised price includes or excludes any applicable taxes, such as GST, in compliance with relevant legal requirements.

It is the responsibility of the Advertiser to provide sufficient information via the website’s listing-forms to accurately describe the machinery or equipment (hereinafter referred to as “item”) they wish to advertise for sale and/or hire. Advertisers must ensure that all information included in their advertisements is true, accurate, and not misleading. Advertisements must not misrepresent or misprice the item(s) being offered.

More particularly, Advertisers must not offer for sale or hire any item:

not located in Australia;

that is not immediately available for sale or hire;

that is not accurately described by the category in which it is advertised;

that is not owned by the Advertiser, or in all other cases, which the Advertiser does not have the legal right to sell or hire.

Furthermore, Advertisers must not submit an advertisement which:

includes an offer of or referral to any services, for example finance;

does not comply with all relevant laws;

infringes the intellectual property rights of any person including any company, entity or organisation;

is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;

is misleading or deceptive or likely to mislead or deceive (for example by including photos or text in the advertisement that do not match the item or by listing the item at a lower price than the Advertiser would be willing to sell the item to solicit increased enquiries or for other purposes);

comprises anything which may be reasonably considered to adversely reflect on MachinesOnline;

includes references or links to other websites or HTML enhancement text;

offers more than one primary item in a single advertisement;

includes personal contact details (including phone number and/or email address) in any section other than as permitted in the listing-forms;

is prohibited per Clause 6(e) below; nor

is the Advertiser permitted to alter or amend an advertisement to describe or offer an item that is different to the item originally published; nor

is the Advertiser permitted to place any international contact numbers in their advertisement.

MachinesOnline reserves the right, at its sole discretion, to remove or delete any advertisement it deems to contain untrue or misleading information. In such cases, MachinesOnline will attempt to contact the advertiser and provide an opportunity to edit the advertisement to rectify the issue. However, MachinesOnline is under no obligation to refund any advertising fees paid, portion thereof, or offer other restitution if the Advertiser declines or otherwise resists rectifying the issue. (See also Clause 6(e) below)

Prohibited Advertisements: Advertisers are strictly prohibited from posting advertisements that contain sexually explicit content, hateful or discriminatory language, political statements, or any other irrelevant or inappropriate material. MachinesOnline reserves the right, at its sole discretion, to remove any advertisement that violates these guidelines. In such cases, MachinesOnline may also suspend or terminate the Advertiser’s ability to use the platform without refunding any advertising fees paid or other restitution. (See also Clauses 7(b),(d),(e) & (f) below)

Photographs of the Item for sale and/or hire: Photographs submitted with advertisements for publication must:

be current photographs of the actual item for sale or hire, such that the item is shown in the same condition as it is anticipated that it will be delivered to a buyer or hirer;

not include any images of people;

not be digitally altered;

not contain any watermarks; and

be in JPEG format and of at least 640 x 480 dimension or such other format as reasonably required by MachinesOnline.

Minimum of five (5) photographs: MachinesOnline requires a minimum of five (5) photographs of the item listed for sale or hire. Advertisements containing fewer than five (5) photographs will not be published. This requirement ensures that prospective buyers and hirers are provided with a comprehensive visual perspective of the advertised item.

Clause 7:       Advertising Fees & Payment Terms

Unless otherwise specified, all fees for advertising packages are denominated in Australian Dollars (AUD) and may be subject to applicable taxes, including GST, where required by law.

MachinesOnline accepts payments via credit card, PayPal, direct deposit, or other payment methods specified on the website.

Advertisers agree to pay all fees associated with their selected advertising package as stipulated on this website. Where a paid advertisement package is chosen, as distinct from the free package (limited to one advertisement of one item only) MachinesOnline shall not be obligated to publish an advertisement prior to receipt of payment unless explicitly agreed in writing.

Non-refundable: Fees paid for advertising packages are non-refundable unless a failure to deliver services arises solely from MachinesOnline’s fault. In such cases, MachinesOnline may, at its sole discretion, offer a replacement advertisement placement or a full or partial refund. (See also Clauses 7(d),(e) & (f) below)

MachinesOnline may from time to time modify the fees payable in respect to advertising packages. Any modification to fees shall only transpire to a current Advertiser upon renewal of any advertisement and will not affect any advertisement(s) purchased before the effective date of the modification. (See also Clause 16 below)

Cancellation by Advertiser: Advertisers may cancel their advertisement(s) at any time using the edit function in the Advertiser’s account management page. In such cases, subject to clause 6(b)(i), no refund, nor partial refund of the advertising package fee paid will be provided.

Cancellation by MachinesOnline: To the extent permitted by law, Advertisers will not be entitled to a refund or credit if MachinesOnline withdraws or terminates the publication of their advertisement due to the Advertiser’s ineligibility to place an advertisement or a breach of this Agreement.

Upon termination, MachinesOnline will remove the active advertisement(s). Fees paid are non-refundable unless otherwise agreed by MachinesOnline. Any clauses that by their nature are intended to survive termination, including but not limited to clauses on indemnification and limitation of liability, shall remain in effect.

Whereas, if MachinesOnline withdraws or terminates an advertisement for reasons not related to a breach of this Agreement by the Advertiser, the Advertiser will be entitled to a refund of the applicable advertising package fee.

Advertisers will be notified of any rejected advertisements and provided an opportunity to revise and resubmit, except in cases of egregious violations, in which MachinesOnline may terminate the Advertiser’s account without notice. (For example, see Clause 6(d) above)

Clause 8:       Publication of Advertisements (Acceptance)

MachinesOnline is under no obligation to publish an advertisement until it has been reviewed and explicitly accepted. An advertisement is deemed accepted only when it is published on the website. MachinesOnline retains sole discretion to determine whether an advertisement is accepted or declined. For instance, if a prospective advertisement is, in MachinesOnline’s opinion, in breach of a provision(s) of this Agreement, i.e., Clause 6(e), or if it contains content that MachinesOnline reasonably deems inappropriate for inclusion on this website, MachinesOnline may refuse to publish the advertisement or may modify or remove any unauthorised content before, or at any other time after, publication.

If accepted, MachinesOnline will publish the advertisement as set out in the T&Cs of this Agreement and with any amendments required by or authorised by this Agreement.

Publication of an advertisement does not create any relationship of agency between the Advertiser and MachinesOnline.

MachinesOnline’s publication of an advertisement does not afford or provide any representation, warranty or guarantee that the item advertised will be sold or hired through this website.

MachinesOnline may republish any advertisement on such other websites, search engines, applications and print or other media as MachinesOnline reasonably determines from time to time.

While every reasonable endeavour will be made to publish an advertisement as submitted, MachinesOnline will not (other than as set out in Clauses 7(c)(i), 12 & 13) be liable for any error, omission or failure to publish an advertisement in the form ordered.

Removal upon sale of item: Upon the sale of an advertised item, or where the item is no longer available for sale (or hire), even if only temporarily, the Advertiser shall remove the advertisement.

Clause 9:       Advertiser Account Password & Email

The Advertiser shall maintain the confidentiality of their email and password information required to access their account and immediately change the password if it is lost, stolen or compromised in any way. Furthermore, the Advertiser shall be solely responsible for all transactions entered into under their email and password.

Clause 10:     Data Collection and Use

MachinesOnline may collect and use data related to the Advertiser’s use of this website, including: (i) Analytics Data (e.g., performance data and effectiveness of advertising and services), (ii) Lead Data (e.g., consumer or purchaser information generated from sales listings, including IP addresses, geolocation, and contact details), and (iii) Listings Data and Advertiser Content. MachinesOnline may also use tracking pixels or similar tools on its website and the Advertiser’s site to gather this information for reporting and improving services.

MachinesOnline will not sell or otherwise provide Advertiser data to any third party. All data collected will be used solely for the purposes described in this Agreement and to improve the services provided to the Advertiser.

Clause 11:     Intellectual Property Rights

Advertisers retain ownership of any content they submit to MachinesOnline, including but not limited to text, images, and videos (collectively, “Advertiser Content”).

By submitting Advertiser Content, advertisers grant MachinesOnline a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, modify, adapt, and display the content for the purpose of operating, promoting, and improving the platform.

Advertisers warrant that they have all necessary rights and permissions to submit Advertiser content and that such content does not infringe on the intellectual property rights of any third party.

Clause 12:     Advertiser Indemnification

The Advertiser agrees to release, indemnify, and hold harmless MachinesOnline from and against any and all losses, damages, liabilities, costs, or expenses (including legal costs incurred in defending or settling claims) arising from:

any breach of this Agreement by the Advertiser, including breaches of representations or warranties contained herein;

any willful, unlawful, or negligent act or omission by the Advertiser;

the publication of the advertisement by MachinesOnline or any third party; or

the sale, hire, or offering for sale or hire of any item advertised by the Advertiser;

except, that this indemnity does not apply to the extent that such losses, damages, liabilities, costs, or expenses are directly caused by MachinesOnline’s own acts or omissions.

Clause 13:    MachinesOnline’s Indemnification

Nothing in this Agreement excludes, restricts, or modifies any right or remedy conferred on the Advertiser by applicable law, including but not limited to the Australian Consumer Law, to the extent such rights or remedies cannot be excluded, restricted, or modified.

Except as expressly set out in this Clause 13 and to the fullest extent permitted by law, all implied guarantees, warranties, and conditions relating to the services provided by MachinesOnline are excluded.

To the fullest extent permitted by law, MachinesOnline’s liability to Advertisers under any guarantee, right, or contractual term created or implied by law and which cannot be excluded is limited to the greater of:

(i) the total fees paid by the Advertiser under this Agreement; or

(ii) $1,000.00.

To the fullest extent permitted by law, MachinesOnline will not be liable for any indirect or consequential loss or damage, including but not limited to: loss of use, production, profit, revenue, business, data, contract, anticipated savings, delay, financing costs, increased operating costs, or any economic loss.

For the purposes of Clauses 12 and 13, “MachinesOnline” includes its officers, employees, contractors, and agents, whether acting individually or collectively.

This Clause 13 shall survive the expiration or termination of this Agreement.

Clause 14:    Prohibited Practices

Advertisers are strictly prohibited from engaging in activities designed to manipulate advertisement metrics, including but not limited to fraudulent clicks, the use of automated bots, or other deceptive practices.

MachinesOnline reserves the right to investigate and take appropriate action, including suspension or termination of services, against Advertisers found to be involved in such practices.

Clause 15:    Dispute Resolution

Any disputes arising out of or in connection with this Agreement shall initially be attempted to be resolved through good faith negotiations between the parties.

If the dispute remains unresolved after 30 days, the parties agree to submit the matter to mediation in accordance with the rules of the Australian Disputes Centre.

If mediation fails, the dispute shall be referred to and resolved through binding arbitration conducted in Sydney, Australia, under the rules of the Australian Centre for International Commercial Arbitration (ACICA).

Legal action shall be a last resort. (See also Clause 17(b) below)

Clause 16:    Modification of Agreement

MachinesOnline reserves the right to update or modify this Agreement at any time.

Any updates or modifications to the Agreement shall not affect current advertisements and will only apply to advertisements renewed after the effective date of the changes.

Advertisers will be notified of any updates or modifications via email or a prominent notice on the website.

Continued use of the platform following such notice constitutes acceptance of the updated T&Cs.

Clause 17:    Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.

Any legal actions or proceedings arising out of this Agreement shall be brought exclusively in the courts of New South Wales.

Clause 18: Privacy Policy

A condition precedent to the Advertiser’s agreement to these T&Cs is that the Advertiser has read, understood, and accepted MachinesOnline’s Privacy Policy, as updated from time to time. The Advertiser acknowledges that the Privacy Policy forms an integral part of this Agreement and governs the collection, use, and storage of personal information provided by the Advertiser. Link to Privacy Policy >

Clause 19:    Account Breaches and Data Security

MachinesOnline shall not be held liable for any breaches of Advertisers’ accounts containing personal data caused by unauthorised access, hacking, or other malicious activities by nefarious actors.

In instances where an Advertiser’s personal data is stolen, exposed, or otherwise used for unauthorised purposes as a result of such a breach(es), the Advertiser agrees to waive any claims, rights, or actions they may have against MachinesOnline for any actual, consequential, or implied damages arising from the incident.

MachinesOnline commits to maintaining reasonable and industry-standard security measures to protect user data but does not guarantee absolute protection against cyberattacks or data breaches.

Clause 20:    Force Majeure

MachinesOnline shall not be held liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its control, including but not limited to acts of God, natural disasters, government actions, strikes, or technical failures.

Clause 21:    Entire Agreement

Subject to the provisions of Clause 16, this Agreement, including Clauses 1 and 2 under ‘Recitals’, represents the entire agreement between the parties. It supersedes all prior agreements, representations, or understandings, whether written or oral.

Clause 22:    Agreement to Terms and Conditions

Advertiser’s agreement

Submission of an advertisement(s) for publication on this website constitutes the Advertiser’s acceptance of and agreement to adhere to all the &Cs of this Agreement, by which the Advertiser agrees to be bound.

MachinesOnline’s agreement

By facilitating the placement of the Advertiser’s advertisement on this website, MachinesOnline agrees to adhere to all applicable T&Cs of this Agreement and acknowledges its commitment to be bound by them.

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