CarAdvice.com.au Pty Ltd (ACN 116 608 158) (“CarAdvice”, “we”, “our”, “us”) offers you the content, software and services available through CarAdvice.com.au (the “Site”) on the condition that you agree to accept and comply with the following terms.
As set out below, by your affirmative act of registering with, accessing or using, the Site you signify electronically that you agree to the following terms and conditions that govern your use of the Site (the “User Agreement”). The User Agreement includes the Forum Rules.
Please read the User Agreement carefully before proceeding to use the Site. If you find yourself unable to agree with any part of the User Agreement, then you must not use the Site.
You are only authorised to use the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the User Agreement.
It is important that you note that it is our policy to respond to notices of alleged copyright infringement and to take appropriate action, including the termination of the accounts of infringers.
The User Agreement was last updated on 4 June 2010.
In this Agreement, the following words and expressions shall have the following meanings:
When your acceptance of the terms of the User Agreement reaches our servers through your affirmative act of registering, accessing or using the Site a binding agreement is made electronically between you and CarAdvice.
The User Agreement may be amended by CarAdvice at any time by posting the amended terms on this Site. The amended User Agreement shall automatically be effective 7 days after it is initially posted on the Site. You should periodically check to see what amendments have been made to the User Agreement. Your continued use of the Site following the posting of any amendments will mean that you accept these amendments. If you disagree with any posted amendments you may terminate this Agreement in accordance with clause 17.
The User Agreement shall override any contrary terms or conditions published by CarAdvice or appearing on the Site.
Any person wishing to use the Site as a Seller must first register as a member. Registration is free. When you register, you must provide complete and accurate registration information about yourself and your organisation. You agree to keep this information up-to-date. CarAdvice in its absolute discretion reserves the right to refuse, suspend or cancel the membership of any member without notice.
As part of the registration process, you will provide a password so that you can log on to the Site as a member. You agree to keep your password confidential. You are fully responsible for all use of your account, including the use of your account by others.
Screen names are used in the community sections of CarAdvice. You may not register a screen name that we, in our sole discretion, determine to be unacceptable, including a screen name that is vulgar, attempts to impersonate another person or violates the law or rights of others. If we receive notice that your screen name infringes the trade mark or other rights of any third party we reserve the right to require you to change your screen name. If your account is cancelled or deactivated we have the right to reassign your screen name to another member.
You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be older than or at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
The Site is intended for a general audience. Parents and guardians who permit children (by which we mean people under the age of 18) for whom they are responsible to use the Site should supervise their use of the Site. Parents and guardians will be responsible for their children’s use of the Site and adherence to the User Agreement.
CarAdvice does not charge you for joining as a member, nor for sending
enquiries to sellers. CarAdvice charges the Seller a advertising fee (see advertising fees).
Advertising fees are non-refundable. Before advertising a vehicle, you should review CarAdvice’s advertising fees to ensure you are aware of the fees you will incur.
CarAdvice reserves the right to change the fees charged for any of its services at any time. In the event that CarAdvice introduces a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
All fees are inclusive of GST and in Australian dollars.
You must pay the applicable advertising fee at the rate shown at the time of using the service. The advertising fee is still payable in the event that this Agreement is terminated or where failure to publish any Ad is caused by you. You will not be entitled to a refund if you breach this Agreement and your Ad is withdrawn by us.
We accept the following forms of payment: Credit Card, Direct Deposit, Cheque and Money Order.
CarAdvice may agree to special payment arrangements for commercial car dealers who regularly advertise on the Site. Car dealers who supply credit card details for automatic billing will have payments processed on the first business day of each month after the month in which the services were provided.
CarAdvice may agree to invoice commercial car dealers for accrued advertising fees. Invoices will be issued at the end of each calendar month. Invoices are payable within 30 days of the date of invoice. CarAdvice reserves the right to charge interest on any overdue amounts at a rate of 5% per annum above the bench mark rate from time to time of Hobson Prior’s bank from the due date until the date of payment. Interest will accrue daily and will compound for each period of 30 days in which in the invoice is unpaid.
CarAdvice provides a website that publishes advertisements and information related but not limited to vehicles. You may need to be registered as a member before you can access some parts of the Site.
CarAdvice will provide a channel on this Site for the Users of this Site to send an enquiry to any Seller. CarAdvice also provides a forum which allows Users to discuss topics or chat with other Users.
You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
You are prohibited from posting, sending, transmitting, uploading or otherwise publishing through the Site, any Content (including an Ad) that:
You agree not to on-sell or otherwise on-transmit information obtained from this Site without CarAdvice’s written permission.
You may not attempt to gain unauthorised access to the Site, member accounts, our computer systems or networks, through hacking, password mining or any other means.
The Site allows members to post Content, including through the enquiry system and forum boards, that can be accessed and viewed by other Users (“User Generated Content”).
You irrevocably and unconditionally waive any claim against CarAdvice for defamation, libel or whatsoever arising from any User Generated Content.
We do not claim ownership of any User Generated Content that you may post or communicate through the Site. However, by submitting User Generated Content to the Site you grant us, our affiliates and distributors, a royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content worldwide in any medium.
We have no duty to monitor or pre-screen Content accessible on or through the Site and assume no liability or responsibility arising from the contents of any User Generated Content. However, we reserve the right to monitor or review the services and may, in our sole discretion, delete, modify, refuse to post or remove (without notice) any Content, in whole or in part, for any reason or no reason.
If at any time we choose in our sole discretion to review or monitor the Site, we nonetheless assume no responsibility for the Content, and no obligation to modify or remove any inappropriate Content.
While we reserve the absolute and unfettered right to reject or remove any Content (including User Generated Content) without notice or compensation, we are not responsible for any failure or delay in removing such material.
You shall not offer for sale any item which:
Sellers shall not place any Ads that:
By offering an item for sale on this Site, you, as the Seller, are warranting and undertaking to CarAdvice and all buyers that:
CarAdvice shall have the absolute and unfettered right to withdraw any Ad without notice or compensation to a Seller or prospective buyer. Without limiting this right, CarAdvice shall have the right to withdraw an Ad if:
Sellers are responsible for ensuring that any Ads and any communications with, or sale of goods to, other Users comply with the Trade Practices Act 1974, similar State and Territory fair trading legislation, and any applicable industry codes of practice or self-regulatory codes relating to advertising and the sale of the relevant goods.
Please do not assume that the practices or conduct of other Users that you observe is necessarily in conformance with their obligations under this User Agreement or that you may act similarly. CarAdvice does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.
CarAdvice does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on CarAdvice. Please do not assume that such items offered will be harmless to people or property.
CarAdvice is not responsible for ensuring that warranty obligations are honoured.
You acknowledge that CarAdvice does not control the information provided by other Users which is made available through this Site. CarAdvice therefore makes no warranty as to the accuracy of any information provided by any person through the use of the Services.
You acknowledge that CarAdvice does not see or examine goods or services that are advertised for sale and has no control whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the goods or services. CarAdvice will not accept or assume any liability whatsoever in respect of the goods or services.
We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a direction, request and we reserve the right to comply with a law or legal process to disclose the contents of any communication sent through the Site or user data associated with the sender or recipient of any communication.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. CarAdvice does not warrant to you and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to CarAdvice is transmitted at your own risk. Nevertheless, once CarAdvice receives your transmission, it will take reasonable steps to preserve the security of such information.
The Spam Act 2003 prohibits the sending of Spam. “Spam” is a commercial electronic message sent without the consent of the person who receives the message including via email, SMS, MMS or Instant Messaging. You may not use the Site or any of our communications tools to transmit, directly or indirectly, Spam or bulk communications that include Spam.
You may not harvest information about our Users for the purposes of sending, or to facilitate the sending, of Spam. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or communications sent through the Site. You may not allow others to use your account to violate the terms of this section or any applicable law or regulation that govern unsolicited communications.
We may terminate your account immediately and take other legal action if you or anyone using your account violates the sections of this User Agreement concerning unsolicited communications. We may implement technical measures to prevent Spam from entering, utilising, or remaining without our computer or communications networks.
Copyright in the Site (including text, graphics, logos, icons, audiovisual material and software) is owned or licensed by CarAdvice. Other than for the purposes of and subject to the conditions described under the Copyright Act 1968 (C’th) and except as expressly authorised by these terms and conditions, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, communicate, broadcast or create derivative works from, any content of the Site; or commercialise any information, products or services obtained from any part of this Site without our prior written permission.
You must not circumvent any technical mechanisms that prevent the unauthorised reproduction or distribution of Content on the Site.
If you reasonably believe that your work has been copied in a way that constitutes copyright infringement on or through the Site, or your intellectual property rights have otherwise been violated, please provide CarAdvice with the following information:
You may lodge a notice of claim of copyright or other intellectual property infringement with our Copyright Officer by contacting us or by writing to:
This Site is provided by CarAdvice on an “as-is” basis and the only obligations on CarAdvice are set out in this Agreement. CarAdvice gives no warranty or condition, express or implied other than those expressly set out in this User Agreement.
To the maximum extent permitted by law, CarAdvice specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of any rights (intellectual or otherwise) in respect of any Item.
No oral or written information or advice given by a representative of CarAdvice shall create a warranty.
CarAdvice does not warrant that the functions contained in this Site and the Services provided will be uninterrupted or error free, that defects will be corrected, or that the Site or its servers are free of viruses or other harmful components. CarAdvice does not warrant or make any representations regarding the use or the results of the use of this Site.
CarAdvice does not warrant to you that the Services will be available at all times or at any specific times. CarAdvice is not responsible in the event an enquiry is not processed due to technical difficulties affecting the Site.
The payment gateway and the ancillary payment processing facilities are provided to you for convenience only and CarAdvice gives no warranty, expressed or implied, in connection with such facilities. CarAdvice will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your credit card account, as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.
We do not warrant that the Site complies with the laws of any country outside of Australia. If you access this site from outside Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings.
CarAdvice does not accept responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with you use of the Site, nor does it accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
To the maximum extent permitted by law, you agree that CarAdvice will be under no liability to you in respect of any loss or damage (including any indirect or special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the Services offered over this Site.
To the maximum extent permitted by law, CarAdvice shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from your use or inability to use the Service.
In case of any dispute between Users or any dispute arising from the use of the Site, CarAdvice shall be released from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
To the maximum extent permitted by law, liability for breach by CarAdvice of any implied warranty or condition which cannot be excluded in relation to the supply of services is limited, at the option of CarAdvice to:
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of this User Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
We reserve the right, at our own expense, but we are not obliged to, assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
If CarAdvice is required by you or by your order in any litigation in which you are involved whether under subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall bear all costs incurred by CarAdvice in connection with the provision of such service, including CarAdvice’s costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis).
This Agreement and/or your access to this site may be terminated by us at any time without cause and without notice.
You may terminate this User Agreement by discontinuing your use of the Site, or alternatively, by contacting us.
In the event of termination, you are no longer authorised to access the Site, but all licences granted by you and all disclaimers and limitations of liability set out in the User Agreement will continue.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site and bidding on, listing, purchase and sale of items through the Site.
You must not:
You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to risk of viruses or other forms of interference which may damage your computer system.
CarAdvice does not undertake to retain Ads or to retain records of any User Generated Content submitted to the Site.
Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer or franchiser/franchisee between CarAdvice and any Users of the Site.
Except as explicitly stated otherwise, any notices shall be given by way of email, and in respect of the User, notices shall be deemed given if sent to the email address provided by the User to CarAdvice during registration process or such other address as the User shall specify, or by posting such notices on this Site. Alternatively, CarAdvice may give notice to the User by pre-paid ordinary post to the address provided to CarAdvice during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.
Any provision of this Agreement prohibited by or unlawful or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement. Where, however, the provisions of any such applicable law may be waived, they are hereby waived by the parties hereto to the full extent permitted by such law to the end that this Agreement shall be valid, binding and enforceable in accordance with its terms.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
CarAdvice’s 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.
This Agreement is subject to the laws of New South Wales, Australia.