Terms and Conditions
Welcome to the websites and services owned or operated by Carsguide Autotrader Media Solutions Pty Ltd (CAMS AU) including carsguide.com.au (Carsguide), autotrader.com.au (Autotrader) (“Sites”). These are the Terms & Conditions for your use of the Sites 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 any Site, regardless of how you access a Site.
Use of the Sites
When you use a Site, You agree to be bound by these Terms & Conditions, which are subject to change at CAMS AU's sole discretion. Your use of and access to a Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
All intellectual property in relation to content on these Sites belongs to CAMS AU or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on the Sites are 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.
CAMS AU’s logos, such as the Carsguide trade mark, the Autotrader trade mark and the Kelley Blue Book trade mark, are registered trademarks of CAMS AU or its related bodies corporate. Other trademarks may be displayed on the Sites from time to time. These may belong to third parties. Nothing displayed on any Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on a Site without the express written permission of the relevant owner.
Use of Site Content
You may download and view or print a copy of content on any Site for personal, non-commercial use provided you do not modify the content in any way. Except with the express written permission of CAMS AU you must not:
- copy, scrape, data-mine or otherwise appropriate any content from a Site (whether manually or by any automated process);
- publish, republish, transmit, display, or otherwise make available any content from a Site (whether online or otherwise);
- use any content from a Site in order to develop or promote any website, database or e-store; or
- use any content from a Site in a way that otherwise violates any of the terms and conditions from a Site, including but not limited to use in a way that would infringe the intellectual property rights of CAMS AU, any of its related entities, or any third party.
CAMS AU may, in its absolute discretion, terminate your right to use a Site if it considers that you or any related party (including any company of which you are a director) have breached these terms and conditions or otherwise acted in a way that is injurious to CAMS AU or any related entity. CAMS AU also expressly reserves the right to take whatever other action it deems necessary to protect its interests or the interests of its related entities.
Liability & Indemnity
CAMS AU 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, CAMS AU excludes all rights, remedies, conditions and warranties in respect of goods or services from your use of any Site whether based in statute, common law or otherwise to the extent permitted by law.
To the fullest extent possible:
(a) CAMS AU does not warrant the accuracy of the content on its Sites. 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 any Site may be changed at CAMS AU's sole discretion and without notice. In particular CAMS AU gives no guarantee of continued availability of any particular motor vehicle or part advertised on any Site and CAMS AU accepts no responsibility for any information regarding motor vehicles or parts as they appear on any Site. You acknowledge that CAMS AU has no control over the quality, safety or standard of motor vehicles or parts advertised on a Site or the truth or accuracy of the information contained on any Site (including in any listings or other advertisements) and that any information provided on a Site and any illustrations or photographs displayed on a Site are solely for guidance and are not to be relied on. Further, CAMS AU does not warrant that notices or advertisements will appear on a Site according to instructions.
(b) CAMS AU does not warrant that functions contained in any Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that CAMS AU or the server that makes it available, are free of viruses or bugs.
(c) Liability of CAMS AU, for any breach of a term or condition implied by law is limited at CAMS AU's discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
(d) You indemnify CAMS AU 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 a Site.
Third Party Content & Links
The Sites may include third party content which is subject to that third party's terms and conditions of use. Nothing on the Sites should be construed as granting any licence or right for you to use that content.
The Sites may include links to third party sites which are not related to CAMS AU and in relation to which CAMS AU has no control or interest. The appearance of those links on any Site does not indicate any relationship between CAMS AU and that third party or any endorsement by CAMS AU of that third party, its site or the products or services which it is advertising on any Site.
When you submit content to CAMS AU in any format, including any text, photographs, graphics, video or audio, you grant CAMS AU a non-exclusive, royalty-free, perpetual licence to publish that content.
You agree that CAMS AU can use that content in any way, now and in the future. CAMS AU 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 competition and consumer legislation, 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 CAMS AU against any and all legal fees, damages and other expenses that may be incurred by CAMS AU 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 any Site.
Live Chat Box
You acknowledge that the Sites may provide access to live chat boxes which are owned and operated by third parties unrelated to and unaffiliated with CAMS AU. CAMS AU has no control over the content posted by you or any other third party (such as a dealer) in any live chat box. To the maximum extent permitted by law, CAMS AU disclaims all responsibility and liability to you for your use of any live chat box on the Sites.
Ratings and Reviews
By submitting any rating, review, question or answer on any Site, and in addition to the representations and warranties outlined above, you further represent and warrant that: you are the sole author of that content; you voluntarily waive all moral rights you may have in the content; you assign all intellectual property rights in the content to CAMS AU; the content you post is accurate; you are at least 18 years old; and the content does not otherwise violate these Terms and Conditions, or otherwise cause injury to any person or entity.
You agree to indemnify and hold CAMS AU (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, penalties, loss and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of any representations and warranties set forth in these terms and conditions, or your violation of any law or the rights of a third party.
- You acknowledge that prices of vehicles provided on the Sites normally exclude government and statutory charges, unless otherwise stated.
- CAMS AU 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 laws and regulations.
- Payment calculators that may appear on the Sites are estimates only for indicative purposes and do not necessarily reflect any interest rates or terms currently in the market.
- You will not use any 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 Victoria.
- CAMS AU may assign, transfer, novate and otherwise deal in any manner with all or any part of the benefit of these Terms and Conditions (including any agreement incorporating or forming part of these Terms and Conditions (Agreement)) and any of its rights, remedies, powers, duties and obligations under these Terms and Conditions and/or an Agreement, to any person without prior consent from you.
Carsguide and Autotrader 1300
Carsguide.com.au and Autotrader.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.
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