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Conditions of use

Date of Last Revision: November 17, 2011

Terms And Conditions
Welcome to our Site. These are our Terms & Conditions for use of the Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the Site, regardless of how you access the Site.


Use of this site

  • One Way Traffic (OWT) is the owner and operator of this Site.
  • You agree to be bound by these Terms & Conditions, which are subject to change at OWT’s sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.

Intellectual Property

  • All intellectual property in relation to content on this Site belongs to OWT, its affiliated companies or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
  • You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by OWT and its affiliated companies. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission.
  • The carsguide logo and the logos of the OWT websites are registered trademarks of OWT or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.

Liability & Indemnity

OWT does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified.  However, OWT excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law.  To the fullest extent possible:

  1. OWT does not warrant the accuracy of the content on the Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at OWT’s sole discretion and without notice.
  2. OWT will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject only to paragraph 6(d).
  3. OWT does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that OWT or the server that makes it available, are free of viruses or bugs.
  4. Liability of OWT, for any breach of a term or condition implied by law is limited at OWT’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
  5. You indemnify OWT and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.

Third Party Content & Links

  • This Site may include third party content which is subject to that third party's terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
  • This Site may include links to third party sites which are not related to OWT and in relation to which OWT has no control or interest. The appearance of those links on this site does not indicate any relationship between OWT and that third party or any endorsement by News of that third party, its site or the products or services which it is advertising on this Site.
  • Automotive Data Services Pty Ltd (RedBook) has prepared this data and valuations from information gathered from a variety of sources. Whilst all care is taken in producing the data and valuations, RedBook cannot guarantee or make any representations regarding the use of, or reliance, on it. RedBook is not responsible for all the information provided to it and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information. RedBook is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, this valuation and data.

Contributing Content

  • When you submit content to OWT in any format, including any text, photographs, graphics, video or audio, you grant OWT a non-exclusive, royalty-free, perpetual licence to publish that content.
  • You agree that OWT can use that content in any way, now and in the future. OWT also reserves the right not to use the content you submit.
  • You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory, that it does not infringe any law including but not limited to trade practices, fair trading legislation, motor dealer legislation, privacy, confidentiality and intellectual property law and that you have not impersonated any person or entity or falsely stated or otherwise misrepresented their affiliation with a person or entity or forged any TCP/IP packet header or any part of the header information in any email or OWT group posting.
  • You indemnify OWT against any and all legal fees, damages and other expenses that may be incurred by OWT as a result of a breach of the above warranty.
  • You waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.

General

  • You acknowledge that prices of vehicles provided on this site normally exclude government and statutory charges, unless otherwise stated.
  • OWT may, at its discretion, refuse to pass on a lead to an advertiser if it believes the lead may infringe the rights of any person or may not comply with all or any the laws and regulations.
  • Payment calculators that may appear on the Site are for indicative purposes only and do not necessarily reflect any interest rates or terms currently in the market.
  • You will not use the Site for any purpose or in any way which is unlawful.
  • These Terms & Conditions shall be governed by and interpreted in accordance with the laws of New South Wales.

Private Party Online Ads

  • Fees payable under this agreement are inclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999). The parties agree that:
    • If OWT and its affiliated companies are or becomes liable to pay GST in respect of the supplies made by OWT and its affiliated companies to users or advertisers, the fees for such supplies shall be payable on or before the 21st of the month following the month in which the invoice was issued to the user or advertiser; and
    • Each invoice will comply with the form of 'tax invoice' specified in section 29-70 of A New Tax System (Goods and Services Tax) Act 1999 and the Regulations issued in accordance with that Act."
  • Online private seller ads can stay live on the Site for 60 days from the date it is posted. However, you can renew the ad so it appears on the Site indefinitely or until your car is sold.
    • It is solely your responsibility as the seller to renew your advertisement. OWT accepts no responsibility to renew or display an un-renewed advertisement after this 60-day period.
    • OWT will keep your advertisement on file for 28 days after the initial 60-day period. During this 28 day period you may reactivate the advertisement at no charge. After the expiry of the six-month period OWT retains the right to remove the advertisement from the Site database.
  • You may only advertise three unique vehicles at any one time. You may not advertise duplicate vehicles at the same time. OWT reserves the right to remove your ads at its sole discretion if you exceed this limit.
  • As a private seller on the Site, you will receive correspondence regarding the status of your advertisement and correspondence highlighting the benefits of other products from OWT and its affiliated companies. This will include confirmation of the receipt and publication of your advertisement, confirmation of any changes made by you, and notification of possible changes to the status of your ad. You will also be notified of any changes to the Site or associated websites that may have a direct effect on the content or appearance of your advertisement. This correspondence forms part of the private seller service and is necessary for the management of your advertisement. If you do not wish to receive this correspondence please do not submit an advertisement for publication on the Site or associated websites.
  • You may also receive an email with statistics that provides you with information about the level of browser interest in your ad.
  • You may also be asked to participate in online surveys in an effort to bring a better quality of service to you the user. This is optional and you may opt-out if you do not wish to receive this information.

 

Date of Last Revision: January 19, 2011

OWT RSS Terms

These are the terms and conditions upon which OWT will provide you (Content User) with the right to link to OWT Content.

They may be updated at any time and by accessing or using the RSS Feeds on this site, Content User agrees to these terms and conditions as they exist at the time the RSS Feeds have been accessed or used.

1. Definitions
The following definitions apply unless the context requires otherwise.

  • Content User means a person or company who accesses a OWT Content Feed via the Content User Site.
  • Feed means any content distribution method by which OWT delivers OWT Content.
  • Content User Site means a website owned, operated and/or used by the Content User for non-commercial purposes.
  • Link means a hypertext link connecting the Content User Site to the OWT Content or OWT Sites Feeds directly.
  • OWT Content means the content made available to the Content User as specified in the feed.

2. Linking Content User Site to News Content

  • 2.1. OWT permits Content User to provide Links from the Content User Site to the OWT Content. This right is non-exclusive, non-sublicensable, non-transferable and royalty free.
  • 2.2. OWT branded headline categories may be displayed by linking directly to carsguide.com.au; or, through opening a new browser.
  • 2.3. Content User must not charge Users for access to OWT Content.
  • 2.4. OWT Content accessed from or Linked to the Content User Site must be shown in its entirety as a full page. For example, the Content User must not frame or change in any way the display of the OWT Content or strip the OWT Content of advertising components.
  • 2.5. OWT Content shall be hosted by OWT at all times on OWT's servers.
  • 2.6. Upon notice from OWT in its sole discretion, Content User must immediately remove OWT Content or Links to OWT Content from the Content User Site. Further, OWT may restrict, suspend or terminate the OWT Content Feeds and the license granted in this agreement at any time without prior warning.
  • 2.7. All costs associated with Linking to OWT Content will be borne by Content User.
  • 2.8 The RSS Feeds are made available on an “as is” and “as available” basis. If technical problems or server outages or the like cause the headline feed not to operate for whatever period of time,  OWT and its affiliated companies take no responsibility and excludes all liability in connection with any damage incurred by the Content User and/or the Content User Site. This includes but is not limited to diminished traffic and pages loading incorrectly on the Content User Site.
  • 2.9 OWT and its affiliated companies exclude to the maximum extent possible all liability for any damage whatsoever arising out of or in connection with this agreement, including but not limited to any liability arising in relation to any of the OWT Content made available in the RSS Feeds.

3. Content User Warranties and Indemnities

  • 3.1. Content User warrants and represents that:
    • 1.    the Content User Site and any material on the Content User Site will not:
      • 1.    breach any laws, including industry codes of practice;
      • 2.    breach any agreement to which Content User is a party;
      • 3.    be misleading or deceptive or likely to mislead or deceive;
      • 4.    be defamatory;
      • 5.    breach any third party intellectual property rights;
      • 6.    be obscene, offensive, personally offensive, bring OWT into disrepute or be in any way unsuitable for people under the age of 18 years; or
      • 7.    directly or indirectly suggest any endorsement or approval of the Content User Site by OWT or any OWT related entity
    • 2.    Content User has the right to enter into and fully perform its obligations under this Agreement.
    • 3.    Content User and the Content User Site will not infringe any intellectual property right or other right of any person.
    • 4.    Content User will not make any public statement, press release or other announcement relating to the terms or existence of this agreement without OWT's prior approval.
    • 5.    Content User will not incorporate advertising into or the placement of advertising on the Content User Site.
  • 3.2. OWT and its affiliated companies retain all title, ownership rights and intellectual property, including but not limited to those rights in its names, trademarks, logos and the OWT Content. OWT and its affiliated companies reserve exclusively to OWT and its affiliated companies and OWT's and its affiliated companies' successors, licensees and assigns all rights and uses in and to OWT's and its affiliated companies' intellectual property,  whether now or hereafter known or in existence.
  • 3.3. Content User will not store, reproduce, alter, transmit, make available, communicate or publish the names, trademarks, logos or Content of OWT or its affiliated companies subject to the limited use expressly permitted under these Terms.
  • 3.4. In the event of any claim against OWT or Content User alleging that Content User or the Content User Site has infringed any intellectual property or other right of any person or any law, then Content User must defend or settle the claim/s entirely at its expense and indemnify OWT and its affiliated companies against any and all damage, loss, costs and expense and all liability arising out of the claim.

4. General

  • 4.1 This agreement shall be governed by, construed and take effect in accordance with the laws of New South Wales, Australia. The courts of New South Wales shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this agreement.

 

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