Conditions of use
Date of Last Revision: October 23, 2012
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
- News Digital Media Pty Limited (News) is the owner and operator of this Site.
- You agree to be bound by these Terms & Conditions, which are subject to change at News’ sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
- All intellectual property in relation to content on this Site belongs to News 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.
- The carsguide logo and the logos of the News Limited websites are registered trademarks of News 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
- News does not exclude any rights and remedies in respect of goods or services under the Trade Practices Act 1974 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, News excludes all rights, remedies, 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:
- (a) News 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 News’ sole discretion and without notice. In particular News gives no guarantee of continued availability of any particular motor vehicle or part advertised on the Site and News accepts no responsibility for any information regarding motor vehicles or parts as they appear on the Site. You acknowledge that News has no control over the quality, safety or standard of motor vehicles or parts advertised on this site or the truth or accuracy of the information contained on this Site (including in the advertisements) and that any information provided on the Site and any illustrations or photographs displayed on the Site are solely for guidance and are not to be relied on. Further, News does not warrant that notices or advertisements will appear on the Site according to instructions.
- (b) News 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 News or the server that makes it available, are free of viruses or bugs.
- (c) Liability of News, for any breach of a term or condition implied by law is limited at News’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
- (d) You indemnify News and its affiliated companies, and each of their directors, officers, employees and agents against any direct or indirect damages, action, claim, loss or expense in contract, under statute or in tort (including negligence) 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 News and in relation to which News has no control or interest. The appearance of those links on this site does not indicate any relationship between News 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.
- When you submit content to News in any format, including any text, photographs, graphics, video or audio, you grant News a non-exclusive, royalty-free, perpetual licence to publish that content.
- You agree that News can use that content in any way, now and in the future. News 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 newsgroup posting.
- You indemnify News against any and all legal fees, damages and other expenses that may be incurred by News 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.
- You acknowledge that prices of vehicles provided on this site normally exclude government and statutory charges, unless otherwise stated.
- News 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.
Carsguide 1300 numbers
- Carsguide.com.au has made it easier for you to contact motor vehicle dealers by introducing 1300 telephone numbers.
- Generally, local call charges apply to calls to these 1300 numbers, however higher charges for calls from mobile phones may apply. Please contact your telephone service provider for more detailed information on charges to 1300 telephone numbers.
Private Party Online Ads
- In order to place an online private party advertisement (Ad) for a vehicle, you must be a private or non-commercial advertiser. You will not be considered a private or non-commercial advertiser by OWT if (i) you: are a licensed dealer in respect of Items of the kind included in your Ad; or (ii) you advertise for sale any Item as an agent for its owner; or (iii) you advertise for sale more than 4 vehicles within any 12 month period.
- Your Ads can stay live on the Site for up to 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 Ad. OWT accepts no responsibility to renew or display a non-renewed Ad after this 60-day period.
- OWT will keep your Ad on file for 28 days after the initial 60 day periods, and during this 28 day period you may reactivate the Ad at no charge.
- You may not advertise duplicate vehicles at the same time. OWT reserves the right to remove your Ads at its sole discretion. OWT may refuse to publish, withdraw or terminate the publication, your Ad (or any part of your Ad) if: (i) you breach any of these terms; or (ii) OWT determines, in its absolute opinion without notice, you are not entitled to place the Ad (for example, because you are not a private advertiser or you do not own the Item).
- If requested you will need to, provide OWT with proof of ownership of a vehicle and proof that a vehicle is in Australia.
You must comply with the following for your Ad:
- if the vehicle is registered it must include at least one image in which the registration is clearly visible;
- It may not include any images of people.
- OWT does not review Ads and are not involved in the actual transactions between users. We do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
- OWT cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
- As a private seller on the Site, you will receive correspondence regarding the status of your Ad 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 Ad.
- Fees payable under this agreement are inclusive of GST
Date of Last Revision: January 19, 2011
News Digital Media RSS Terms
These are the terms and conditions upon which News Digital Media (News) will provide you (Content User) with the right to link to News 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.
The following definitions apply unless the context requires otherwise.
- Content User means a person or company who accesses a News Content Feed via the Content User Site.
- Feed means any content distribution method by which News delivers News 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 News Content or News Sites Feeds directly.
- News 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. News permits Content User to provide Links from the Content User Site to the News Content. This right is non-exclusive, non-sublicensable, non-transferable and royalty free.
- 2.2. News 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 News Content.
- 2.4. News 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 News Content or strip the News Content of advertising components.
- 2.5. News Content shall be hosted by News at all times on News' servers.
- 2.6. Upon notice from News in its sole discretion, Content User must immediately remove News Content or Links to News Content from the Content User Site. Further, News may restrict, suspend or terminate the News Content Feeds and the license granted in this agreement at any time without prior warning.
- 2.7. All costs associated with Linking to News 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, News takes 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 News excludes 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 News 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 News 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 News or any News 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 News' prior approval.
- 5. Content User will not incorporate advertising into or the placement of advertising on the Content User Site.
- 1. the Content User Site and any material on the Content User Site will not:
- 3.2. News retains all title, ownership rights and intellectual property, including but not limited to those rights in its names, trademarks, logos and the News Content. News reserves exclusively to News and News' successors, licensees and assigns all rights and uses in and to News' 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 News names, News trademarks, News logos or News Content subject to the limited use expressly permitted under these Terms.
- 3.4. In the event of any claim against News 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 News against any and all damage, loss, costs and expense and all liability arising out of the claim.
- 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.