TERMS AND CONDITIONS CarsofAustralia.com.au is an independently operated motoring Internet site and the information contained on this web site is subject to change without notice, intended as general information only and is not complete or definitive. Cars of Australia is not liable, and does not take any responsibility whatsoever, for the reliance on such information. This web site contains links to sites maintained by other organisations, and Cars of Australia does not take any responsibility for the content of those sites. No part of this site may be reproduced without express written permission from Cars of Australia. By accessing this website and utilizing the features within, users (“users” or “you”) will be understood to have agreed to the Terms and Conditions (“Terms”) set out below. Together with any additional terms, conditions, notices and disclaimers contained elsewhere on the CarsofAustralia.com.au website the Terms and Conditions form the conditions of supply of material on, use of and access to this website. Your continued use of the CarsofAustralia.com.au website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications. Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of the CarsofAustralia.com.au website. 1. Copyright All content on the Cars of Australia website, such as text, graphics, photos, logos, button icons, images video clips and audio clips is the property of CarsofAustralia.com.au, its advertisers, or website content suppliers and members. The reproduction, adaptation, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited. Users and/or members may not copy, modify, publish, transmit, distribute, perform, display, link to, frame, spider, pass off or sell any intellectual property on the CarsofAustralia website without the prior written consent of CarsofAustralia.com.au. All software used on this site is the property of CarsofAustralia.com.au or its software suppliers and is protected by Australian and international copyright laws. Unauthorised reproduction, adaptation, modification, distribution, transmission, republication, display or performance of this software is strictly prohibited. 2. Disclaimer/Exclusion of Warranties CarsofAustralia.com.au makes no representation or warranty as to the accuracy, completeness or currency of any information or content provided on or accessible via, the CarsofAustralia.com.au website. CarsofAustralia.com.au will not accept any (and hereby excludes all) legal liability for the information or content on, or accessible via, the CarsofAustralia.com.au website. It is the responsibility of the user to verify any information before relying on it. CarsofAustralia.com.au provides this website service without any warranty or condition, express or implied. CarsofAustralia.com.au expressly excludes all warranties of any kind, including, without limitation, any implied warranties as to fitness of purpose or merchantability of this service. CarsofAustralia.com.au is not responsible for the Content which members post to this site or transmit to other members. You acknowledge and agree that we cannot control the use by others of this site, Content posted on this site or the private communications of members using CarsofAustralia.com.au nor can we verify the accuracy of Content which has been posted on this Site or transmitted to you as a result of use of CarsofAustralia.com.au by others. While CarsofAustralia.com.au reserves the right to monitor Content posted on the site, it has no obligation to do so nor does it have any obligation to ensure that members comply with these Service Terms or to review any communication between members utilizing CarsofAustralia.com.au. CarsofAustralia.com.au does not and cannot guarantee continuous, uninterrupted access to our services to the CarsofAustralia.com.au website or to other sites linked from the CarsofAustralia.com.au website. While we endeavor to ensure availability of and access to the CarsofAustralia.com.au website, operation of this site and our services may be interfered with by numerous factors, including by factors outside of our control. 3. Limitation of Liability CarsofAustralia.com.au will not be liable for any lost profit or any direct, indirect, incidental, special or consequential loss or damage (including but not limited to economic damages) which may be suffered or incurred by you as a result of any negligent act or omission by us or arising out of or otherwise in connection with use of the CarsofAustralia.com.au website or our services. 4. Indemnity You indemnify and hold harmless CarsofAustralia.com.au, our subsidiaries, related companies, officers, directors, employees and agents from and against all loss, damage, cost, expense and claim which may be suffered or incurred by you as a result of or in connection with your use of the CarsofAustralia.com.au website and our services. 5. Other Websites CarsofAustralia.com.au makes no representations or warranties whatsoever about any other website that you may access through the CarsofAustralia.com.au website. When you access a non-CarsofAustralia.com.au website please be aware that it is independent from the CarsofAustralia.com.au website and CarsofAustralia.com.au has no control over the content of that website. CarsofAustralia.com.au does not endorse, or accept any responsibility for, the content or use of any third party website linked from the CarsofAustralia.com.au website. 6. Access to Internet Sites Outside Australia We do not warrant that the content on the CarsofAustralia.com.au website complies with the laws of any country outside of Australia. If you access the CarsofAustralia.com.au website 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 in any subsequent dealings via the CarsofAustralia.com.au website or as a result of accessing this website. 7. No Offer Where Illegality Arises Nothing on the CarsofAustralia.com.au website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction. 8. Privacy The management of your personal information by CarsofAustralia.com.au is set out in our privacy policy. Where you provide personal information to a third party via the CarsofAustralia.com.au website, you will do so in accordance with the policies, procedures and practices in place on or which occur with respect to that website. 9. Governing Law The CarsofAustralia.com.au website is operated from New South Wales, Australia. These Terms (and your use of the CarsofAustralia.com.au website) are governed by the laws of this State.
10. Membership on CarsofAustralia.com.au If you become a CarsofAustralia.com.au member your membership will continue until the earlier of: a) you notifying us that you wish to cease membership of CarsofAustralia.com.au; and
b) the date we notify to you (determined in our absolute discretion and with or without cause) as the date on which your membership of CarsofAustralia.com.au will cease.
You are solely and legally responsible for:
i) the content, legality and copyright of all information and photographs contained within your member profile.
ii) the content, legality and copyright of any material, including messages and photographs which you post onto or enter on the website.
iii) compliance with all applicable laws at all times when using the service and/or web site or in circumstances arising from your use of the CarsofAustralia.com.au website.
You agree that you will not include any illegal or unlawful information on your profile and not to use any identifying information such as phone numbers or street address within your member profile or photographs that you provide to CarsofAustralia. If the management of CarsofAustralia.com.au considers that you have breached any of the Terms and Conditions of this website and/or your behaviour on our website is considered to be inappropriate, unlawful or illegal, then we may at any time and without prior notice: a) suspend or terminate your membership; and/or b) remove from this site or hide from public view any content posted by you. CarsofAustralia.com.au will not be liable to you for the termination or suspension of your membership or if it removes from this site or hides from public view any Content which you post on this site and you waive all claims and rights which you may otherwise have had arising out of such action.
11. Prohibited Activities You expressly understand and agree that: i) you will not send or post material which constitutes or encourages conduct which is a criminal offence in Australia or any other country.
ii) you will not attempt to damage or harm the CarsofAustralia website. You will only interface with this website manually and through a web browser. You will not programmatically or automatically interface with this website. This includes “spidering” or interfacing for the purposes of harvesting information from this website.
iii) you will not post or send material which infringes the rights of any third party.
iv) you will not post, distribute or reproduce any obscene, abusive, defamatory, threatening, illegal, copyrighted or trademarked material on the website.
v) you must not use the CarsofAustralia website or Forums for the discussion of competing services, any illegal or unlawful activity or material which infringes the rights of any third party.
vi) you will not upload or distribute any obscene, abusive, pornographic, harassing, illegal, defamatory or threatening material. The management of CarsofAustralia will be the sole arbiter of what is considered a breach of this clause and reserves the right to refer such material to relevant authorities, and if required, assist other members with prosecution proceedings. 12. Content Any images, sounds, or text (Content) that you forward to, transmit or post on CarsofAustralia.com.au must be complete and accurate. This content must not:
- be unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- be false or misleading in any way;
- infringe the rights of any third party;
- be sexually explicit or contains sexual references / innuendo; - contain viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
We reserve the right, but have no obligation, to review Content transmitted or posted on CarsofAustralia.com.au, or (where possible) otherwise transmitted to any member of CarsofAustralia.com.au by any other means. Without limiting your responsibilities under the Terms and Conditions of CarsofAustralia.com.au, we reserve the right to modify and/or remove any Content that, in our opinion, violates the CarsofAustralia.com.au Terms and Conditions or otherwise has the potential to harm, endanger or violate the rights of any person. All content (including photographs and videos) that you provide to CarsofAustralia.com.au can be used by CarsofAustralia.com.au and its associated websites for the reproduction, adaptation, modification, distribution, transmission, republication, display or performance of the content on websites operated by CarsofAustralia.com.au and associated websites. This content use also extends to advertising, marketing and other promotional activities for CarsofAustralia.com.au and its associated websites. We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on CarsofAustralia.com.au, or otherwise transmitted to any other member of CarsofAustralia.com.au by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on CarsofAustralia.com.au, or otherwise transmitted to any other member of CarsofAustralia.com.au by any other means. The Terms and Conditions for CarsofAustralia.com.au are without prejudice to any mandatory legal rights that cannot be excluded under applicable law, including your statutory rights as a consumer.
PRIVACY POLICY
CarsofAaustralia.com.au is bound by the National Principles under the Privacy Act 1988. and you may access a copy from the Office of the Federal Privacy Commissioner. This privacy policy does not apply to external parties that may be linked or associated with our website. Information we collect? All information disclosed to CarsofAustralia.com.au may be accessed by authorised CarsofAustralia.com.au Staff. When you visit the CarsofAustralia.com.au website, the following information may be recorded:
- Date and time of your visit to the site;
- Your IP address;
- Pages accessed and documents downloaded;
- The referring web page; and
- If you contact us, the type of browser and operating system that you use.
No attempt is made to identify individual users by their browsing activities, except where a Government law enforcement agency may seek to view our Internet log files.
Advertisers If you are an advertiser on CarsofAustralia.com.au your information will be treated as confidential in accordance with your instructions and for the period during which your advertisement is active. Your information is only accessible for alterations by you in your capacity as an advertiser or by approved CarsofAustralia.com.au staff. It is the advertiser's responsibility to ensure that their details on the CarsofAustralia.com.au website are current and correct. Security Any information held by CarsofAustralia.com.au is held secure in a manner designed to protect information from internal and external access by anyone other than specifically authorised CarsofAustralia.com.au staff. Changes to the CarsofAustralia.com.au Privacy Statement
We will post any policy changes to our website to notify you of these changes and provide you with the ability to "opt out"(1) of these uses. If you are concerned about how your information is used, you should check back at our website periodically or contact us at: editor@carsofaustralia.com.au
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