Membership services are billed on the 15th of the month, when paid monthly.
Contract cancellation requires 45 days’ written notice.
Contract cancellation will incur an upfront fee of 50% of the remaining contracted amount.
Upon contract expiration, Machines4U memberships move onto a rolling term.

For our full terms and conditions, see below.

Machines4u.com.au Terms & Conditions

The websites www.Machines4u.com.au, www.Machines4u.com, and www.Machines4u.co.nz (collectively, “Site”) are owned by Machines4U Pty Ltd (ABN 41 126 826 515 ) and/or its associates, successors and assigns (collectively referred to as “Machines4U”).

Please read the following terms and conditions (“these Terms”) carefully as they govern your access and use of the Site, and membership and advertising on the Site. To provide the best possible sales results for machinery buyers, machinery dealers and private advertisers, these Terms must be upheld.

The Site is offered to you on condition of your acceptance and agreement to be bound by these Terms. Your use of the Site constitutes your agreement to these Terms. You represent and warrant that you are 18 years of age or older and that you have the capacity to form a binding contract and are authorised to execute a contract for and on behalf of the organisation you represent, the details of which are set out in the contract form on the page above (“Contract Form”).

These Terms shall apply in relation to your use of any other digital or printed communications (“Digital or Printed Communications”) in the same manner in which they apply to your use of the Site. Without affecting the generality of the foregoing, the clauses herein shall also apply as if the term “Site” was replaced by the term “Digital or Printed Communications“.

1. Description of Site

1.1 The Site is an online marketplace for listing, advertising, buying and selling new and used machinery, equipment, parts and accessories (“Services”). Visitors and users to the Site may use the Services to browse or search through listings and advertisements on the Site.

1.2 In conjunction with the services provided, the Site provides information, materials and content published by members and advertisers as well as other information published by Machine4u such as articles, corporate information, contacts page and so on (all such content collectively called “Content”). The Content may further include other communications such as service announcements and administrative messages made by Machines4U to you.

1.3 Unless explicitly stated otherwise, any new Services, Content, features or applications offered or made available from time to time by Machines4U through or in connection with the Site is subject to these Terms.

2. Use of Site

2.1 Subject to the other provisions herein, Content from the Site may be downloaded, viewed, printed, and copied on the hard disk of your computer for your own personal, non-commercial purposes as a personal information resource in good faith only. Any other type of use requires the prior written agreement of Machines4U.

2.2 In accessing and using the Site and any of its Services thereof, you expressly acknowledge and agree that:

(a) the Site and its Services are offered, supplied and provided on an “as-is” and “as available” basis, and Machines4U assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or personalised settings made by you;

(b) you understand that the Site and Services may include software embodied therein now or in the future (“Software”) as well as security components that permit digital materials to be protected, and that your access of the Site and use of the Services are subject to Software usage rules set by Machines4U and/or its licensors. Machines4U makes no warranty that any errors in the Software will be corrected;

(c) you are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees and in addition, you must provide and are responsible for all equipment necessary to access the Site;

(d) you may not:

(i.) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Site;

(ii.) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other visitors or users are able to type, or otherwise act in a manner that negatively affects others’ ability to engage in real time exchanges;

(iii.) interfere with or disrupt the Site or servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected thereof;

(iv.) take any action that places an unusually large load on the infrastructure of the Site, or bandwidth connecting to the Site, or take any action that includes the use of any data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor or copy any web pages;

(v.) intentionally or unintentionally violate any applicable local, state, national or international law; and

(vi.) attempt to override or circumvent any of the usage rules embedded into the Software or those provided herein.

2.3 You are solely responsible for creating backups of any Content you publish on the Site or otherwise make available to the Site. Machines4U will not be responsible for any damage to your computer system or loss of data resulting from your use of the Site or download of material from the Site.

2.4 You agree that you will not use the Site:

(a) for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;

(b) in any way which is abusive, defamatory or obscene or which will harass distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;

(c) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation or commercial exploitation;

(d) for the posting, uploading, emailing or any other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;

(e) to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site;

(f) to transmit or re-circulate any material obtained from the Site to any third party;

(g) in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Terms; or

(h) in any way that might bring Machines4U into disrepute.

2.5 Without limiting the generality of the foregoing, you agree and warrant that you will not place any advertisement, material, information or other content on the Site for the purpose of advertising, promoting or soliciting of any illegal activities of any type or nature or which contravenes any advertising regulations or trade or sales practices rules and regulations.

2.6 Machines4U may publish any material you submit, post, upload, email or otherwise transmit to them or to the Site at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.

2.7 You hereby grant Machines4U a non-exclusive, royalty-free, perpetual and worldwide license to republish any material you submit, post, upload, email or otherwise transmit to them or to the Site in any format, including without limitation print and electronic format.

2.8 You hereby waive all of the moral rights that you have under the law in respect of any material you submit, post, upload, email or otherwise transmit to Machines4U or to the Site.

3. Membership Subscription

3.1 You may submit an offer to subscribe to a dealer membership package, the details of which are set out in https://go.machines4u.com.au/mediakit/m/memberships, as may be updated from time to time (“Subscription”) and/or purchase additional products and services (“Additional Products and Services”) in accordance with the provisions of these Terms.

3.2 To purchase a dealer membership package or Additional Products and Services, you must complete and submit the Contract Form to Machines4U in accordance with the submission procedure found at https://www.machines4u.com.au/mymachines4u/register/login/?full_form=1/. Your submission shall be deemed an offer by you to purchase such Subscription or Additional Products and Services accordingly and Machines4U reserves the sole and absolute right to reject your offer without notice, and Machines4U shall not be obliged to provide any reasons whatsoever for such rejection to you.

3.3 Your offer shall be confirmed by way of a confirmation email sent to the email address specified in your Contract Form (“Confirmation Email”) upon review and acceptance by Machines4U of such offer and upon payment of the relevant fees (“Fees”), the amounts of which are set out in the Contract Form.

3.4 The subscription period for each Subscription or Additional Product or Service (“Subscription Period”) is the subscription period set out in the Contract Form commencing from the date of the Confirmation Email (being the “Contract Start Date”). Notwithstanding the aforesaid, you acknowledge and agree that Machines4U has a right to withhold any or all benefits of the applicable dealer membership package or Additional Product or Service immediately from the Contract Start Date unless you have made full payment of the Fees or unless you have prior approval in writing from Machines4U to pay by monthly equal instalments in accordance with clause 6, such approval being deemed to have been made by way of the Confirmation Email sent by you.

3.5 You agree to provide true, accurate, current and complete information about yourself as requested by Machines4U in the Contract Form.

4. Additional Products and Services

4.1 Additional Products and Services offered by Machines4U include banner advertisements, sponsored articles and EDM campaigns, the details of which are set out in https://go.machines4u.com.au/mediakit, as may be updated from time to time.

4.2 All content and creative prepared by you in respect of the Additional Products and Services are to be approved by Machines4U in writing prior to the commencement of the same. Machines4U reserves the sole right to change or reject any content or creative that do not meet Machine4U’s standards or requirements or that breaches or is likely to breach any of the terms in these Terms.

4.3 If you have requested from Machines4U, and Machines4U has agreed to prepare the content and/or creative, additional terms and conditions of service apply as set out in https://www.machines4u.com.au/terms-and-conditions/.

5. Compliance with General Advertising and Listing Rules, Account, Password and Security

5.1 Machines4U has published the General Advertising and Listing Rules which contains rules, policies and requirements relating to advertising or listing on the Site, as updated from time to time (“Rules”). These Rules must be complied with by you in respect of your purchase of the Subscription and Optional Services. The Rules are deemed incorporated into these Terms by this reference.

5.2 The current General Advertising and Listing Rules are available from https://www.machines4u.com.au/privateseller-advertising-rules/.

5.3 When you purchase a Subscription or Additional Products and Services, you are required to create an account with us (“Account”). Accordingly, you will be given an account designation and will receive a password upon receipt of the Confirmation Email.

5.4 You are responsible for maintaining the confidentiality of the Account and the password, and are fully responsible for all activities that occur under the same.

5.5 You agree to:

(a) immediately notify Machines4U of any unauthorised use of your Account or password or any other breach of security; and

(b) ensure that you exit from your Account at the end of each session.

5.6 You acknowledge and agree that:

(a) you are solely and entirely responsible for your Account;

(b) you will update any changes to any information contained in your Account as soon as practicable;

(c) Mahines4U has the right to access, preserve, and disclose all information in your Account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(i) comply with legal process;

(ii) enforce these Terms;

(iii) respond to your requests for customer service; and

(iv) protect the rights, property, or personal safety of the Site, other users and/or the public.

6. Payment of Fees

6.1 You must make full payment of the Fees by the Contract Start Date unless prior approval in writing has been granted to you by Machines4U for payment to be made in monthly equal instalments. If prior approval is granted, payment by instalments may only be made by way of deduction from your credit card or direct debit charge from your bank account, in which case, such instalments will be charged or deducted on the same day each month commencing on the Contract Start Date.

6.2 You hereby agree that you are aged 18 years or over when making online payments with a credit card and that you have the specific authorization of the Card Holder.

6.3 Automatic rollover shall apply to all Subscriptions on a monthly basis on expiry of the Subscription Period and the relevant Fees shall be charged to you or deducted from your credit card or bank account on the same day each month commencing the month after the expiry of the Subscription Period for the duration of the rollover. You hereby agree to grant Machines4U the authority to deduct from your credit card or bank account such Fees at such times.

6.4 The Subscription Period is a fixed period and you acknowledge and agree that Machines4U is entitled to impose any fees or charges as set out in these Terms as may be required by Machines4U in the event of a cancellation of the Subscription prior to expiry of the Subscription Period in accordance with the cancellation policy set out in clause 4 below.

6.5 Machines4U reserves a right to vary the Fees at any time and Machines4U shall not be obliged to provide any reasons whatsoever for such variation to you. Notification of all variations shall be given to you by way of an email sent to the email address specified in your Account as soon as may be practicable subsequent to the variation. Any variations in the Fees shall apply on expiry of the Subscription Period.

6.6 Without limiting any other rights Machines4U may have under these Terms or by force of law or equity, Machines4U is entitled to:

(a) charge interest at the default interest rate of 10%per annum calculated daily on all overdue monies (excluding interest under this clause) until the same is paid in full;

(b) charge an administrative fee for any administrative costs incurred in respect of your failure to make full payment hereof;

(c) cancel, suspend or terminate your access to and/or use of the Site and remove any associated content thereof in accordance with clause 4 and 5;

(d) terminate any contracts between you and Machines4U and demand immediate payment of monies due and owing under such contracts;

(e) cancel any rebate, discount or allowance due or payable by Machines4U as at the date of the event; and

(f) institute any recovery process as Machines4U mayin its discretion thinks fit at your cost and expense, and

you will not be entitled to set off or deduct any amounts due and owing by Machines4U to you, whether or not an existing dispute or claim has been made by you against Machines4U for any reason whatsoever.

7. Cancellation of Subscription

7.1 Cancellation of Subscription at the end of the Subscription Period or monthly rollover period:

(a) You may cancel your Subscription after the expiry of your initial Subscription Period by giving Machines4U the following written notice period of cancellation by way of fax to 03 9005 2820 or emailing your account manager (“Account Manager”) at the email address set out in your Account.

(i.) for Subscriptions of Additional Products and Services comprising single standalone advertisements with a monthly rollover only, you may cancel your Subscription at any time prior to the end of the current monthly rollover period; and

(ii.) for all other types of Subscriptions and Additional Products and Services; at least 45 days prior notice in writing.

(b) All cancellations will take effect at the end of the Subscription Period or the current monthly rollover period. The Fees paid or payable by you in respect of the Subscription Period or current monthly rollover period will not be refunded by Machines4U on cancellation.

7.2 Cancellation of Subscription prior to the end of the Subscription Period:

(a) You are not entitled to cancel your Subscription prior to the end of the Subscription Period unless prior approval in writing is granted by Machines4U.

(b) If approval is granted, Machines4U will confirm the effective date of cancellation of the Subscription by way of notice in writing to you. In the event of such cancellation, you acknowledge and agree that:

(i) you must make full payment of all outstanding amounts due and owing to Machines4U immediately in respect of the Fees and any other applicable charges incurred for the Subscription Period up to the effective date of cancellation; and

(ii) Machines4U is entitled to impose a cancellation fee (“Cancellation Fee”) equivalent to 50% of the Fees due for the remaining unused portion of the Subscription Period. As an example, if the remaining unused portion of the Subscription Period is 4 months in a 12 months Subscription (i.e. cancellation was effected 8 months from the start of the Subscription Period as described in clause 3) where the Fees are $1,000 per month, then you will be charged $2,000 as Cancellation Fee.

8. Removal of Content and Suspension or Termination of Access

8.1 You agree that Machines4U may, under certain circumstances and without prior notice:

(a) suspend or immediately terminate your access to and/or use of the Site; and

(b) remove any of your associated content, including your profile, advertisements, information or contact details thereof and any material posted, uploaded, emailed or otherwise transmitted by you.

8.2 Causes for such suspension or termination or removal shall include, but not be limited to:

(a) breaches or violations of these Terms and/or any other incorporated agreements or guidelines;

(b) requests by law enforcement or other government agencies;

(d) unexpected technical or security issues or problems.

8.3 You agree that all such suspensions or terminations or removal shall be made at Machine4u.com.au’s sole discretion and that Machine4u.com.au shall not be liable to you or any third party for any such suspension or termination or removal.

8.4 Unless otherwise agreed to the contrary by Machines4U in writing, the Fees paid or payable by you in respect of the Subscription Period or current monthly rollover period will not be refunded by Machines4U on suspension or termination of access and/or use of the Site or removal of associated content or material under these Terms.

9. Limitation of Liability

9.1 All information contained on the Site or in any sales packs and all statements made in any live demonstrations offered by Machines4U or by any Machines4U representative relating to dealer membership packages or advertisements are considered “invitations to treat” only and are not binding on Machines4U.

9.2 All other information provided on the Site or in any other materials of Machines4U are intended for informational purposes only. Whilst every effort has been taken to ensure the accuracy of the information provided by Machines4U and its employees in the Site, the contents of the Site reflect the opinions of the writers, they are personal to them and are naturally subject to change from time to time.

9.3 It is your responsibility to check the accuracy of relevant facts and opinions given on the Site before entering into any commitment based upon them.

9.4 Machines4U cannot guarantee that your use of the Site will be free from error and/or uninterrupted. TO THE FULLEST EXTENT PERMITTED BY LAW, MACHINES4U SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF OPPORTUNITY OR CHANCE, OR ANY DAMAGES WHATSOEVER ARISING FROM USE OR LOSS OF USE, DATA, OR PROFITS, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE SITE OR ANY OTHER INTERNET SITES OR THE USE THEREOF AND/OR YOUR DECISION TO PURCHASE A SUBSCRIPTION AND/OR ANY OTHER OPTIONAL SERVICES SUPPLIED OR OFFERED TO BE SUPPLIED BY MACHINES4U. SUBJECT TO THE AFORESAID, MACHINE4U.COM.AU’S TOTAL LIABILITY UNDER THESE TERMS, REGARDLESS OF CAUSE OF ACTION, SHALL BE LIMITED TO REFUNDING THE FEES ALREADY PAID BY YOU TO MACHINES4U IN RESPECT OF THE SUBSCRIPTION PERIOD OR MONTHLY ROLLOVER PERIOD TO WHICH SUCH LIABILITY RELATES ONLY.

10. Indemnity

10.1 You are solely responsible for any advertisements, information or other material or content displayed, posted or uploaded on the Site or submitted through or in connection with the Site. You are further solely responsible for the terms and conditions of any transactions or dealings made with purchasers or users with respect to any products or services or warranties thereof offered by you through or in connection with the Site and to ensure compliance with all applicable laws and regulations relating to the same.

10.2 You agree to indemnify Machines4U forthwith on demand and hold Machines4U harmless against any and all liabilities, expenses, damages and losses of any kind (including reasonable legal fees and costs) which may be incurred by Machines4U in connection with, or arising as a result of, any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from any advertisements, information or other material or content displayed, posted or uploaded on the Site or submitted through or in connection with, the Site or with respect to any products or services or warranties thereof offered by you through or in connection with the Site.

10.3 You agree to defend and settle at your own expense any action or other proceedings brought against Machines4U that relates to any advertisement, information or other material or content displayed, posted or uploaded on the Site or or submitted through or in connection with, the Site or with respect to any products or services or warranties thereof offered by you through or in connection with the Site.

11. Rights Clearances and Links

11.1 The copyright and other proprietary rights in some of the content or material appearing on or in connection with the Site may belong to a third party. You are thereby solely responsible for the acquisition of, and are under an obligation to acquire, any licenses or permissions that may be required to use such content or material and you agree to pay any costs or expenses incurred by Machines4U which arise as a result of your failure to obtain such licenses and/or permissions.

11.2 Some of the pages on the Site include links to external websites. Machines4U is not responsible for the content of these Internet sites.

11.3 No links from external websites to the Site are permitted without the prior written consent of Machines4U.

12. Competitions and Special Offers

12.1 Machines4U may, from time to time, have competitions, prize draws or other promotions and offers on the Site. These will be subject to additional terms and conditions that will be made known to you.

13. Notices

13.1 A party notifying or giving notice under these Terms must give notice:

(a) in writing;

(b) if addressed to Machines4U, to the postal or email address listed on the Site or any other address as notified in writing by Machines4U to you from time to time; and

(c) if addressed to you, to the postal or email address specified in your Account as may be updated by you from time to time.

13.2 A notice given in accordance with this clause is received:

(a) If left at the recipient’s address, on the date of delivery;

(b) if sent by prepaid post, 3 days after the date of posting; and

(c) if sent by email, when the sender does not receive any failed delivery email notification from either its, or the recipient’s, mail server within 2 days after the date of the email.

14. Intellectual Property

14.1 The names, images and logos identifying Machines4U or third parties and their products and services, are the proprietary marks of Machines4U, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Machines4U reserves all rights to enforce such rights that it might have.

14.2 All information or content contained in this website is copyright to Machines4U Pty Ltd (“Machines4U”) and its members. Reproduction in whole or in part or any text, image, photograph or illustration without the written permission of the copyright holder is prohibited.

15. Dealer Status

15.1 In seeking to become a dealer, you acknowledge and agree that:

(a) you are acting as an independent service provider;

(b)there is no relationship with Machines4U in common law, contract or otherwise other than that as a paid advertiser; and

(c) nothing in these Terms shall create or imply an agency relationship between you and Machines4U, nor will these Terms be deemed to constitute a joint venture or partnership between you and Machines4U.

16. Variations

16.1 These Terms may be varied from time to time by Machines4U.

16.2 Any amendments made to these Terms shall apply upon expiry of the current Subscription Period. It is your responsibility to check regularly to determine whether a new version of these Terms has been uploaded.

16.3 You agree that the Provider shall not be liable to you or to any third party for any such amendments to these Terms. Your continued subscription after such modifications or amendments shall constitute an acceptance of your agreement to be bound by these Terms, as amended.

17. Privacy and Data Protection

17.1 The use of any personal information collected from you is subject to Machines4U’s Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy can be accessed from https://www.machines4u.com.au/privacy-policy/.

18. Non-Assignment

18.1 You agree and acknowledge that you are not entitled in any way to assign your rights and obligations under these Terms to any other persons and that there shall be no third party beneficiaries to these Terms.

18.2 These Terms will inure to the benefit of, and be binding upon Machine4U.com.au’s successors and assigns.

19. Severability

19.1 If any of these Terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

20. Jurisdiction

20.1 The terms and conditions shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from matters relating to the Site or the Services or Subscription shall be exclusively subject to the jurisdiction of the courts of Australia.

Machines4U has its registered office at Suite 204, Level 2, 89 Surf Pde, Broadbeach, Queensland, Australia, 4218.

Membership Terms and Conditions

Machines4u.com.au Dealer Terms & Conditions

Hire Promotion Terms

A quick run-down of our T&Cs: