Terms & Conditions
1. USING THEPLACEFORCARS.COM.AU (PRIVATE)
(A) By using theplaceforcars.com.au, you agree that you will not:
i. violate any Terms and Conditions, applicable laws or relative policies
ii. copy, modify, reproduce, distribute, license or publish any content on theplaceforcars
iii. reverse engineer or decompile any source code
iv. collect or gather information on theplaceforcars, including contact numbers
v. use any automated process to access, copy, emulate, retrieve or sort any content or database on theplaceforcars.com.au
vi. register on behalf of anyone else or use any details other than your own to register
(B) In order to advertise, you agree that you:
i. Are at least 18 years old
ii. Are a private or non-commercial user
iii. Understand, acknowledge, abide and comply with the terms and conditions set out in this agreement, relative policies and relevant laws
iv. Selling a car that is located within Australia
v. Are submitting an Australian number
vi. Will not post more than 5 advertisements per any 12 month period
vii. Are not a licensed dealer and intend to sell commercially
(C) theplaceforcars retains the right to refuse access to use or advertise on theplaceforcars.com.au if we consider you or your advert to be:
i. Illegal, defamatory, inappropriate, misleading, incorrect, fraudulent, false, deceptive or misleading
ii. Offensive or inappropriate
iii. In breach of the terms and conditions set out in this agreement, relative policies and relevant laws
iv. Includes references to external websites
(D) If you breach any of the terms and conditions set in this agreement, relative policies or relevant laws, theplaceforcars reserves the right to terminate your account immediately and without notice to you, and remove any advertisements currently listed.
2. USING THEPLACEFORCARS.COM.AU (DEALER)
By using theplaceforcars.com.au as a dealer, you agree to the terms of a private user set in 1(A), 1(C) and 1(D) in conjunction with all other terms and conditions set out in this agreement.
(A) As a dealer you:
i. Must initially have your application accepted to be upgraded from private to a dealer
ii. Notify theplaceforcars if your business ceases or changes details
iii. Are able to advertise commercially and for a dealership
iv. Hold full responsibility for maintaining the security of your user credentials
3. PROPRIETARY INFORMATION
(A) theplaceforcars.com.au contains information which is proprietary to theplaceforcars. We assert full copyright protection throughout theplaceforcars.com.au.
(B) By using theplaceforcars, you understand, acknowledge and accept that we retain the copyright in any images and videos
(C) You may use information on theplaceforcars.com.au only for your personal, non-commercial use. No content may be copied, uploaded, posted, encoded, translated, transmitted or distributed in any way without theplaceforcars’ written consent.
4. DISCLAIMER OF WARRANTY
theplaceforcars is providing this service on an “as is” basis and the use of this service is at your own risk. theplaceforcars does not warrant or represent the reliability, accuracy or completeness of any content published, advertised, or shown on theplaceforcars.com.au.
To the extent permitted by law, theplaceforcars expressly disclaims all warranties of any kind, whether express or implied.
All content on theplaceforcars.com.au is protected by Australian and international copyright and intellectual property laws. By using theplaceforcars, you grant theplaceforcars a payment free, non-exclusive, perpetual, royalty free and irrevocable license to reproduce, adapt, modify, delete, publish or utilise any material you upload, post, or publish.
6. YOUR RESPONSIBILITY
(A) You are responsible for all fees and charges that you could incur when using or accessing theplaceforcars
(B) You must maintain the security of your password and not provide details to any third party. You are responsible for all activity on the website that occurs using your credentials
(C) It is your responsibility to assess, analyse and determine the content is completely correct and free of errors. theplaceforcars does not warrant the accuracy, consistency, completeness or reliability of content on theplaceforcars.com.au.
(D) You release theplaceforcars (or any of its agents, employees, officers or representatives) from all claims, damages, harm, injury or loss of any type arising out of breaching these terms.
You agree to indemnify theplaceforcars (or any of its agents, employees, officers or representatives) against any and all claims, demands, proceedings, losses and damages of every kind and nature, known and unknown, made by any use of theplaceforcars including any listing, advertisement or sale, or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law.
9. THEPLACEFORCARS’ LIABILITY TO YOU
(A) Other than the warranties expressly provided in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by theplaceforcars are HEREBY EXCLUDED.
(B) To the full extent permitted by the law, theplaceforcars will only be liable to you:
i. pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of theplaceforcars is limited, at theplaceforcars’ option to:
a. replacing or repairing the relevant goods,
b. supplying goods equivalent to the relevant goods,
c. supplying the relevant services again or
ii. subject always to clause 9(A), if your claim arises from or in connection with any deliberate breach of these terms and conditions or by fraud
(C) Subject to subclause 9(B), and except to the extent that liability cannot be excluded, theplaceforcars will not be liable to you for claims arising out of or in connection with your access and use of theplaceforcars website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or salute;
(D) To the extent permitted by law, you release theplaceforcars (or any of its agents, employees, officers or representatives) from all claims, damages, harm, injury or loss of any type arising out of any content, goods or services presented on theplaceforcars.com.au.
(E) For the purpose of this section, the term theplaceforcars will mean theplaceforcars, its officers, employees, contractors and agents, whether individually or collectively.
(F) These terms and conditions will survive the expiration or termination of this agreement.
The terms and conditions set in this agreement and relative policies are governed and constructed in accordance with the laws of Victoria, Australia.