terms of use

1 - PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE MOTORCARTEL WEBSITE

Welcome to our website. These Terms of Service (Terms), and all other documents referred to in them including but not exclusive to our Privacy Policy and Disclaimer, govern your use of this Site located at motorcartel.com.au (the Site) and form a binding contractual agreement between you, the User of the Site and Services, and us, MotorCartel. For that reason, these Terms are important and you should read them carefully and contact us with any questions before you use the Site.

By continuing to browse and use this Site acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them.

For the purposes of these Terms and conditions, “Us”, “Our” and “We” refers to MotorCartel and “You” and “Your” refers to you, the client, visitor, website user or person using this Site.

2 - AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these Terms regularly prior to using this Site to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use this Site then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms govern your and MotorCartel’s rights and obligations to each other.

If you do not agree with any of the changes to these Terms, it is your sole responsibility to deregister from the Site and Services and stop using the Site. Your continued use of the Site and Services will be deemed as your acceptance thereof.

3 - ACCESSING THE SITE

You acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.

All content and services provided on or through this site are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this site is solely at your risk.

We reserve the right to withdraw or amend the Services we provide through the Site without notice. We may restrict access to some parts of or the entire Site, from time to time.

4 - REGISTRATION INFORMATION AND PASSWORDS

By registering to the Site, you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate. If you are registering to the Site on behalf of another person or business entity, you warrant that you have the express permission from the other person or business entity to do so. The person or business entity will have the same rights and obligations as if they themselves registered to the Site personally.

During the registration process, you will be asked to select a password for your User account. You agree to keep your password confidential at all times and must not disclose it to any third parties. You agree to be fully responsible for activities that relate to your User account or your password. If you have reason to believe that your password has been obtained by someone else without your consent, you must inform us immediately to disable your User account.

5 - YOUR PRIVACY

All information we obtain about you in connection with the registration process and your subsequent use of the Site and Services is subject to this clause.

At MotorCartel, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. MotorCartel respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our separate Privacy Policy carefully.

You may change your details at any time by updating your profile online here at this Site. All information we receive from our customers, is protected by our secure servers. MotorCartel’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data MotorCartel collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

6 - USERS’S RESPONSIBILITIES

You represent, warrant and agree that you have full power and authority to accept these Terms, to grant the license and authorisation and to perform the obligations hereunder and you will use the Site for personal and non-commercial use only. You warrant that the information in which you provided for registration are true and accurate and you will promptly update the information to keep it current, complete and accurate.

You represent, warrant and agree that:

  • you shall be solely responsible for obtaining all necessary third party licenses and permission regarding any content that you submit, post or display;
  • any content that you submit, post or display does not infringe any third party Intellectual Property;
  • you have the rights, authority or licence to sell or trade the property you are posting as content on the Site;
  • you shall carry on your activities on the Site with full compliance and adherence with any applicable laws and regulations;
  • conduct your business transactions with other Users of the Site in good faith; and
  • conduct your activities on the Site in accordance with these Terms.

7 - TRANSACTION BETWEEN USERS

Users acknowledge and agree that, as sellers in any transaction, Users are responsible in ensuring that the content they post includes an accurate and adequate description of the property; payment terms; warranties; insurance; any other fees, taxes, title, fines, licences, or permits; and any other relevant information required for the transfer of property.

Users acknowledge and agree that, as buyers in any transaction, when Users agree to purchase property from another User, they are entering into a legally binding contract to purchase the property from the seller. We recommend that you read the content posted by the seller and undertake your own due diligence and enquiries regarding the suitability, quality and condition of any properties.

Users are solely responsible for all the terms and conditions of transactions conducted between Users. The sale and purchase contract is formed only between the seller User and the buyer User. The Site is not a party to such transactions and therefore is not responsible for any User representations regarding payments, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handing, transportation and storage.

Users agree to provide all the information and materials as may reasonably be required by the Site in relation to transactions conducted on, or through, or as a result of the use of the Site. The Site has the right to suspend or terminate any User account if the User fails to provide the information and materials as required by the Site.

8 - DISCLAIMER

To the fullest extent permitted by law, MotorCartel absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. MotorCartel gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that this Site or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on this Site, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in this Site or as to their correctness, suitability, accuracy, reliability, or otherwise.

The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Site or any products or services that may be offered through it. It is your responsibility to do so.

9 - USER GENERATED CONTENT

Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute. You must not modify the physical or digital copies of any content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

Users must not add any content to the Site:

  • unless you hold all necessary rights, licences and consents to do so;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  • that is unsolicited, undisclosed or unauthorized advertising;
  • that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that would bring us, or the Site, into disrepute; or
  • that infringes the Intellectual Property or other rights of any person.

You agree to keep all records necessary to establish that your content does not violate any of the requirements listed above and make such records available upon our reasonable request. You retain ownership of your Intellectual Property and proprietary rights in any content that you post. These Terms do not prevent you front granting non-exclusive rights to use your content to others.

We are under no obligation to regularly monitor the accuracy or reliability of content posted by Users appearing on the Site or using the Services. We reserve the right to modify or remove any content posted by Users at any time.

You hereby grant MotorCartel a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all Intellectual Property rights without limitation with respect to your content worldwide or to incorporate User Generated Content in other works in any media now known or later developed for the full term of rights that may exist in your content.

Any opinions, advice, statements, services, offers, or other information or any other content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of MotorCartel.

10 - LINKS TO OTHER WEBSITES

MotorCartel may from time to time provide on this Site, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between MotorCartel and the owners of those websites. MotorCartel takes no responsibility for any of the content found on the linked websites.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. We make no representation about any other website you access through this one. Please understand other websites are independent from this Site so we do not accept responsibility for such websites.

11 - LIMITATION OF LIABILITY

It is an essential pre-condition to you using this Site that you agree and accept that MotorCartel is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this Site is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

You agree that we shall not be liable for any damages suffered as a result of using the Services, copying, distributing, or downloading content from the Site. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

We do not endorse the any listings or content posted by Users, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any listings or content posted by Users created using the Services. It is your sole responsibility to ensure the accuracy of the data inputted and any other content posted by Users.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services. You must not assign or otherwise dispose of User account to any other person.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

As a condition of your access to and use of the Site, you agree to indemnify MotorCartel and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

  • your access to and use of the Site and Services; or
  • your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after your registration to this Site.

12 - CLASSIFIEDS – ADVERTISERS

Fees for advertising placements will be non-refundable once the advertising is displayed on the Site.

By posting directly on MotorCartel a listing or listings for sale, you are confirming you are the legal owner of that property and have the legal right to sell that property without misleading or incriminating potential buyers.

By providing content or posting directly on MotorCartel, you warrant and represent that you have given away the right to and title in this information and content. You also warrant and represent that you are not breaching any regulations, restrictions or third party rights.

If we have reasonable grounds to suspect the information you provide in any profile or on this Site is untrue, inaccurate or incomplete, or that you have breached any terms and conditions on MotorCartel, or for any other reason including if, in our opinion, you have breached the purpose of this Site, at our sole discretion we have the right to immediately withdraw the content and terminate your account. We may also deny the use of this Site to you in the future and are not obligated to return any registration monies.

You agree to defend, indemnify and hold MotorCartel, its officers, directors, members and agents harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar, including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from your breach of our terms and conditions, content you may provide to this Site, and any activity you may engage in through this Site or use of this Site.

13 - CLASSIFIEDS – VISITORS

By using this Site, you acknowledge and agree that Users posting advertising on the Site are third party advertisers and MotorCartel does not have any connection with them. We do not recommend, endorse or promote them, nor do they have any affiliation with MotorCartel. MotorCartel is merely a passive conduit as provider for the advertising service and does not have any association with Users beyond this.

MotorCartel does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by these third parties. Whilst we take reasonable care to monitor this Site, we do not undertake any liability or obligation with regard to their content and you therefore use those websites and services at your own risk.

MotorCartel is not responsible for any loss, damage or issues you may have with the advertiser and cannot be held responsible for any direct or indirect loss you may suffer as a result of using their products or services. We also cannot confirm that the information on any of the third party advertising sites is accurate or up-to-date.

14 - EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to Users, whether they are business Users or domestic Users, then you are a competitor of MotorCartel.

MotorCartel expressly excludes and does not permit you to use or access this Site, to download any documents or information from this Site or obtain any such documents or information through a third party.

If you breach this term then MotorCartel will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. MotorCartel reserves the right to exclude and not permit any person from using this Site or any of the documents and information contained on it.

15 - MOTORCARTEL INTELLECTUAL PROPERTY AND RESTRICTIONS OF USE

This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Site.

MotorCartel expressly reserves all copyright and trademark in this Site and in all documents and information on this Site and reserves the right to take action against you if you breach any of these Terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you. We own and retain all proprietary rights to the Site, the Services provided through the Site, and all associated Intellectual Property rights, excluding content posted by Users. You are permitted to use the Services only as authorised by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site and Services to create, display, use, play, and download content subject to these Terms.

16 - TERMINATION

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site and Services, and/or your registration, or suspend or block your access to the Site and Services.

We may terminate or suspend your access to the Site if there is a failing to make any required payments or fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges. You may then have to open a new account as all your data may have been deleted, archived, or lost. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.

17 - NOTICE

By using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.

Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that for letters, the letter was properly addressed, stamped and placed in the post; and for emails, the email was sent to the specified email address.

18 - NO WAIVER

If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations. If we waive a default, it does not constitute a waiver of any subsequent defaults. No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as the Notice clause above.

19 - FORCE MAJEURE

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control such as acts of god, natural disasters, sabotage, accident, riot, shortage of supplies, equipment and materials, strikes and lockouts, civil unrest, computer hacking, or malicious damage.

20 - EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these Terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms and conditions.

21 - WHOLE AGREEMENT

These Terms and conditions represent the whole agreement between you and MotorCartel concerning your use and access to MotorCartel’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.

22 - JURISDICTION

This agreement and this Site are subject to the laws of the State of New South Wales, Australia. If there is a dispute between you and MotorCartel that results in litigation then you must submit to the jurisdiction of the courts of NSW...