Terms & Conditions

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THE CAR BUYERS USER AGREEMENT:

Welcome to thecarbuyers.com.au, This Agreement describes the terms and conditions associated with your use of this web site.

The website, www.thecarbuyers.com.au is owned and operated by TheCarBuyers.com.au Pty Ltd. ACN 141 758 465. Your access to this websites is conditional upon your acceptance and compliance with these terms, conditions and disclaimers within this document and anywhere else on the website. Your use and access to and of the website constitutes your agreement to the Terms and Conditions. TheCarBuyers.com.au Pty Ltd has the right to change the Terms and Conditions at any time. As you are bound by the Terms and Conditions, you should refer to them in this document and elsewhere on the website from time to time.

If you find yourself unable to agree with any part of the User Agreement, then you must not use the Site.

As set out below, by your act of registering with, accessing or using, the Site you signify that you agree to the following terms and conditions that govern your use of the Site.

ACCEPTANCE OF THE TERMS AND CONDITIONS:

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you establish an account at thecarbuyers.com.au. By registering with thecarbuyers.com.au you accept these terms on which you are offered access to the services and the web site. We strongly recommend that, as you read this User Agreement you also access and read information contained in the other pages and website referred to in this document as they may contain further terms and conditions which may apply to you as an account holder.

We may amend this Agreement at any time at our discretion by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective after they are initially posted on our site. If you do not agree with such amendments, you must terminate your account at thecarbuyers.com.au .This Agreement may not be otherwise amended except in writing and executed by all parties.

REGISTRATION OF ACCOUNT:

Setting up your account is free. You undertake to register at thecarbuyers.com.au using your correct name, address and any other requested details. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age or to temporarily or permanently suspended account holders. If you do not qualify, please do not use our services. Further your account (including feedback) is personal to you; User Id and password may not be transferred to or used by another party.

Termination of account registration

thecarbuyers.com.au reserves the right to decline to register or to terminate your account without entering into discussions with you. Without limiting the foregoing, we may terminate your account if a serious complaint is received about you from other account holders, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, believe your behaviour to be unacceptable.

Security of your login information

You are responsible for keeping your login information, including your email address and password, safe and secure. Without limiting the foregoing, you agree:

1. Not to permit any other person to use your user name or account; and

2. Not to disclose to, or provide to any other person, your password, email address, or any information that may allow them access to your account.

COST FOR ADVERTISING:

There is no cost for sellers to place a car for sale at thecarbuyers.com.au. Your online ad will stay live until sold, unless removed by the account holder. The account holder is responsible to have the vehicle removed from the site immediately once sold.

GENERAL CONTENT ISSUES:

Relevant Content

Whilst thecarbuyers.com.au takes care to ensure that the Material on thecarbuyers.com.au is correct, current and free from errors, thecarbuyers.com.au does not warrant the accuracy or completeness of or the representations made by the Material on thecarbuyers.com.au or any web site that links from thecarbuyers.com.au or any information received as a result of using thecarbuyers.com.au.

The services and Material made available on thecarbuyers.com.au are provided as general information only. thecarbuyers.com.au does not warrant that the services and Material are professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don’t do anything; and may not be continually accessible or free from errors or viruses.

Seller’s legal ownership

By listing a vehicle for sale, you confirm that you are legally entitled to pass ownership in that vehicle.

Accuracy of Listing

Your descriptions must be correct and accurate for each vehicle you list on thecarbuyers.com.au website and you are liable for any errors or omissions in your description. You must ensure that any vehicles listed for sale are in fact available for sale. Any information you include in the listing must be completely accurate, and not capable of being misleading.

Obligations as a seller

  1. Sellers must be located in Australia.
  2. You will only place listings for vehicles that exist and are currently available to be sold. You will not list vehicles that you are not legally entitled to sell or that are not in your possession
  3. All vehicles listed for sale are GST inclusive.

Obligations as a buyer

You are responsible for all relevant searches including, any written off vehicle register or register of security interests;

You acknowledge vehicle prices may not include government and statutory charges;

Seller’s Terms and Conditions

It is the Seller’s obligation to communicate to actual or potential buyers all of the contractual terms and conditions which apply to any transaction.

Email a friend

Where thecarbuyers.com.au allows you to email a friend;

You warrant that that the person to whom the email is addressed has consented to the email being sent; and indemnify thecarbuyers.com.au, its servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.

Intellectual Property Copyright Trademarks

You acknowledge that all content and data, copyright, trademarks, and other intellectual property in and relating to thecarbuyers.com.au are owned by thecarbuyers.com.au. You must not use the intellectual property, except to the extent necessary to create vehicle listings, engage in transactions, and conduct a sale or purchase, in the manner provided for in this agreement.

Material on thecarbuyers.com.au is © thecarbuyers.com.au 2008. All rights reserved. Unless otherwise indicated on thecarbuyers.com.au, the material on thecarbuyers.com.au is owned by or licensed to thecarbuyers.com.au and is subject to copyright (the “Copyright Material”). You may: only copy or reproduce the Copyright Material for the purpose of browsing thecarbuyers.com.au or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;

You may not alter or modify the Copyright Material or remove any legal notice associated with it.

thecarbuyers.com.au and other names of product and/or services referenced herein are trademarks or registered trademarks of thecarbuyers.com.au other product and company names mentioned on thecarbuyers.com.au may be the trademarks of their respective owners.

No Warranty

THECARBUYERS.COM.AU AND OUR SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITON, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW. THECARBUYERS.COM.AU AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY FITNESS FOR A PARTICUALR PURPOSE AND NON-INFRINGEMENT. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside our control.

Indemnity

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 legal fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance

You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our website, listings, purchase, solicitation of offers to purchase, and sale of items. Specifically, you must ensure that your activities, vehicles you list, and the Information you post on our Site do not violate the BROADCASTING SERVICES ACT 1992 , the TRADE PRACTICES ACT 1974 and other relevant state-based fair trading legislation or regulation. For more information about this legislation and other legislation which may apply to you please refer to the relevant State Government Website. You must ensure strict compliance with any particular Act or Regulation which if not complied with, will either render a transaction void or unlawful.

No Agency

You and thecarbuyers.com.au are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Disputes

Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling of the arbitrator. The costs of the dispute are to be borne by the originator.

Liability Limit

These terms and conditions are subject to warranties and liabilities that cannot by law be disclaimed and thecarbuyers.com.au liability for any breach of such condition in relation to supply by it of services to users is limited to, at thecarbuyers.com.au option, supply of the service again or the payment of the cost of supplying the service again.

Third Party Sites

This site contains links to third party sites. Thecarbuyers.com.au is not responsible for the condition or the content of those sites. The link (s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site (s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. Thecarbuyers.com.au does not represent that the content or services available from third party sites are appropriate or available for use in all parts of Australia. If you access other content or services from third party sites, thecarbuyers.com.au is not responsible for your compliance with local laws or other applicable laws.

General

This Agreement shall be governed in all respects by the laws of the State of Queensland and the Commonwealth of Australia. All users of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by thecarbuyers.com.au, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe 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. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections as follows (thecarbuyers.com.au Intellectual Property), (Indemnity), (Disputes) and (Liability Limit) shall survive any termination or expiration of this Agreement. All rights not expressly granted are reserved.

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