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TERMS & CONDITIONS

TERMS AND CONDITIONS FOR USE OF CARSAROUND.COM AU PTY. LTD (CAN 632 989863, ABN: 21 632 989 863) SERVICES

Introduction

We are happy to have you visit our site. You can be sure that you have taken the right step and that you are definitely in the right space. CARSAROUND.COM AU PTY. LTD. is an ambitious project with the sole aim of creating the largest single gathering of automobile buyers and sellers. It is our aim to create an online shop that connects car sellers with potential buyers through advert placement. To ensure optimum use and a seamless navigation on the site, it is best that there is in place a terms of engagement to guide our interaction you would agree.

This Terms and conditions is applicable upon accessing this site and any of our affiliate sites and services. Our sites may be accessed in multiple ways and on varied platforms including the web, PDAs, mobile phones and RSS feeds, the list is by no means exhaustive. See this Terms and Conditions as the rule book for whenever and however you access any of our site. It kicks into operation from the first click and it is in place for your benefit!

Use of this Site

Upon accessing our site, you consent to be bound by the terms and conditions guiding the use of the site at the material time. The T&C is subject to change as to reflect the expediencies of the time and we reserve the right to amend same without any consultation with you or anybody else.

Intellectual Property

We reserve sole right to every content on our site including Intellectual property rights within the framework of the Australian Intellectual Property Laws and International regulations. You consent that no IP rights inures to you regarding the materials on our sites and to abide by the provisions of all relevant laws.

All other logos, trademarks, business signs, mastheads and every other intellectual property rights belonging to us, our privies and affiliates shall not be used without prior permission sought and obtained. You further agree that no intellectual property belonging to third parties which from time to time may be published on the website would be used by you without prior permission of the relevant third parties sought and obtained.

Fair Use of Content

In line with the principles of fair use, contents may be downloaded or printed from our site for private and non-commercial use. You agree not pass off nor modify any of the material on our site without the prior consent of the relevant owner sought and obtained in writing. Specifically you covenant not to engage in any of the following activities without written permission, that is to say:

  • copying, scraping, data-mining, claiming and/or otherwise engaging in any other similar activities whether by automated processes, manually or any other means;
  • Publishing, republishing, displaying or replicating content from our site by any means and via any medium, offline and online.
  • Utilise any of the contents on our site as materials for development and promotion of an unrelated website, database or e-store.
  • Using contents on the website in a way that detracts from our property rights and the rights of our clients, affiliates, privies and third parties. All usage of materials must comply with this T&Cs and in accordance with Intellectual property regulations.

In the event that your use of this site conflicts in any way with our rights and the rights of any other third party, affiliates and privies, we shall be constrained to terminate your further use of this site. This does not detract from our right to take any further actions necessary to safeguard our interest and interest of third parties.

Liabilities and Indemnities

The full application of the provisions of the Competition and Consumer Act 2010 (Cth) and/or other equivalent State or Territory Legislation operates fully in your use of our services. Consequently all rights and remedies obtainable under the relevant legislations remain fully applicable. Where any legislation, common law, regulations etc., provides a restriction on any rights, remedies, conditions and warranties accruing to you in the cause of your use of our services, such restrictions would continue to fully apply to the extent provided by law.

Particularly, the following conditions applies to your use of our site, that is;

  • All contents on our site are not subjected to any independent verification. The contents are thus published as received and on an “as is” and “as available” basis. We advise strongly that you verify information independently before acting on the strength of the information advertised. Reliance on information is at your own risk and we do not bear any responsibility for liabilities arising from your use of information published on our site. Contents may be amended and edited without any prior notice or consultation. We do not accept responsibility for the unavailability of cars and/or their parts initially advertised as available on our site.  All information pertaining to safety, quality or standard of an advertised motor vehicles and their parts must be independently verified by an expert procured by you. Additionally, we do not guarantee that pictorial representations of cars and their parts on our site are as advertised, these illustrations or photographs where they exist are solely for guidance. You agree that instructions, advertisements and notices may be modified and shall not necessarily appear exactly as instructed on our site.
  • You guarantee to be solely responsible for any issues and liabilities arising from your use of our site. We are not liable for any restrictions on the accessibility of information including dysfunctional hyperlinks, general defect, bots, bugs or viruses that may result from using our site.
  • Where CARSAROUND.COM AU PTY. LTD. is liable under the provisions of any law, terms and conditions prescribed by law or any other regulations, we reserve the right to settle the liability by supplying the products again or reimbursing the cost of having the services supplied.

Where liability accrues to CARSAROUND.COM AU PTY. LTD. as a result of your use of our site, you undertake to indemnify us, our affiliate companies and any directors, officers, employees and agents who may have incurred damages, have an action instituted and/or otherwise sanctioned as a result of your actions. Including actions under contract, statute and tort (including negligence).

Third Party Content & Links

Our site contains third party content and links to third party contents. These contents are covered by the individual terms and conditions prescribed by the third parties and you agree to be bound by these terms and conditions. Publication on CARSAROUND.COM AU PTY. LTD. does not serve as a waiver of third party terms and conditions.

Publication of third party content or products on our site does not translate to an endorsement by CARSAROUND.COM AU PTY. LTD. neither does it serve as an evidence of affiliation.

Content Contribution

Content submitted to CARSAROUND.COM AU PTY. LTD. are submitted free of royalties and has an automatic implied covenant of exclusivity, perpetual license and ownership rights in favor of CARSAROUND.COM AU PTY. LTD.

By submitting your contents to CARSAROUND.COM AU PTY. LTD. you confer on CARSAROUND.COM AU PTY. LTD. rights similar to ownership rights. To this extent, CARSAROUND.COM AU PTY. LTD. reserves to use the content submitted in any way and manner it deems necessary including rights not to use the contents at all.

You warrant that materials submitted by you to our site comply with copyright laws. You agree to bear liability arising from contents submitted to our site which content are subsequently found to be defamatory, plagiarized, infringes provisions of laws on competition and consumer protection, fair trading, motor dealer legislations, privacy, confidentiality and intellectual property. You further agree to be liable for actions in criminal law as a result impersonation, false or misinterpreted information, deceptive representation, forgery of any TCP/IP packet header or any part of the header information of an email or newsgroup posting.

You agree to indemnify CARSAROUND.COM AU PTY. LTD. for any liability it incurs as a result of publishing contents submitted by you. The ownership right transferred to CARSAROUND.COM AU PTY. LTD. includes moral rights and empowers CARSAROUND.COM AU PTY. LTD. to publish the submitted content in any site.

Use of Live Chat Boxes

The use of CARSAROUND.COM AU PTY. LTD. sites may provide you access to Live Chat messaging platforms owned and run by third parties. CARSAROUND.COM AU PTY. LTD. is not in control of these messaging platforms and is not liable for any damages arising from your use of the Live Chat Boxes nor are we liable to you for damages arising therefrom to the full extent permitted by law.

You agree to abide by this Terms and Conditions as well as the terms guiding the use of third party Live Chat Boxes. Any liability arising from your use of Live Chat Boxes which attracts liability to CARSAROUND.COM AU PTY. LTD. shall be borne by you to the fullest extent permitted by law. Where CARSAROUND.COM AU PTY. LTD. has incurred damages from your activities on a Live Chat Box, you agree to indemnify CARSAROUND including its directors, staff, and agents or affected third parties.

Ratings and Reviews

Where you provide a rating or review of a product on any of CARSAROUND.COM AU PTY. LTD. sites, you agree to take full responsibilities of authorship. You warrant that the statements do not infringe any laws, that the contents are accurate and that they do not defame any third parties. You further warrant that you are 18 years old; and that the statement is in compliance with the contents of this terms and conditions.

All IP rights both moral and economic accrues to CARSAROUND.COM AU PTY. LTD.

Contents submitted for publication on any of CARSAROUND.COM AU PTY. LTD. site are entirely at the discretion of CARSAROUND.COM AU PTY. LTD on how they use them. To this extent, CARSAROUND.COM AU PTY. LTD. reserves the absolute right to abridge, add, amend, withhold, remove or delete as well as refuse to publish any material submitted by you which infringes on the Terms and Conditions or which is considered as being offensive, defamatory or vexatious. CARSAROUND.COM AU PTY. LTD. does not guarantee that it will accede to a request to delete or amend a statement you publish. You covenant to be fully responsible for every material submitted or posted on our site and CARSAROUND.COM AU PTY. LTD. does not guarantee any materials you post to third parties. Any liability incurred as a result of your posts are solely to be borne by you and CARSAROUND.COM AU PTY. LTD. does not accept liability only on the ground that it publishes a statement or comment submitted by you.

The privacy policy of CARSAROUND.COM AU PTY. LTD., terms and conditions and every other relevant regulation binds your use of our site. CARSAROUND.COM AU PTY. LTD., its directors, affiliates, employees etc. shall not be liable for any liability arising from your use of the site. Where CARSAROUND.COM AU PTY. LTD incurs cost as a result of your activities, you agree to indemnify CARSAROUND.COM AU PTY. LTD. to the full extent of the liabilities incurred including costs incurred from prosecuting the matter.

Additional Provisions

  • You accept that all prices advertised on the site is exclusive of government and statutory charges except otherwise stated.
  • CARSAROUND.COM AU PTY. LTD. reserves the discretionary rights to refuse to transmit any lead submitted to an advertiser if it reasonably believes that it is capable of infringing the rights of any person or violates any laws, codes or regulations.
  • The prices or cost implications attached to any product on the site are merely estimates and do not represent a precise calculation of interest rates or prevailing market prices.
  • You will not use the site for any illegal purpose or a purpose that violates any regulations, code of conduct or in a manner that infringes the rights of other users.
  • The laws of Victoria shall govern the interpretation of these Terms and Conditions

Our site has been designed to ease your automobile needs. With over 1400 telephone numbers of automobile dealers on board the site, we are able to accommodate varied needs. When you utilize the call services, local call charges apply. Higher call charges may apply to calls from mobile phones. Contact your telephone service provider for the precise application of charges and applicable call rates to 1400 telephone numbers.

CARSAROUND.COM AU PTY. LTD. Private Party Terms & Conditions

The terms and conditions set out hereunder relates to the use of CARSAROUND.COM AU PTY. LTD. site for advertisement of motor vehicles for sale. You are only entitled to use our advertised services and to advertise on our platforms if you are a private party member as prescribed under this Terms & Conditions. Reference to service provider herein means CARSAROUND.COM AU PTY. LTD. (AC).

  1. General Terms and Conditions
  2. Using the Services
  3. In using the services of CARSAROUND.COM AU PTY. LTD. (AC). you agree to be bound by this terms and conditions
  4. You agree that costs applies to your use of the site and that these costs are to be borne by you including but not limited to charges of Internet Service Providers, Telecommunication carriers and fees to third parties.
  5. These terms and conditions may be modified by CARSAROUND.COM AU PTY. LTD. (AC) without prior information, the onus is on you to be up to date with the latest information which would typically be posted on the sites or sent through emails or through other means as CARSAROUND.COM AU PTY. LTD. (AC) may determine in its reasonable discretion. In the event that you may disagree with the application of any of the modifications to the Terms & Conditions now or in the future, you should discontinue your use of the services. Further use following an amendment would constitute an acceptance to be bound by the prevailing terms.
  6. Registrations are personalized and you may not register for anybody else nor allow someone to user your registration details.
  7. You covenant to keep the details of your registration including password and any pins. You are responsible for all activities on the site carried out with your user ID whether authorized by you or not.
  8.  CARSAROUND.COM AU PTY. LTD. (AC) is absolved of every issue of fraudulent use of a credit card. In such event, CARSAROUND.COM AU PTY. LTD. (AC) will be under an obligation to cooperate with the relevant agencies of government with information regarding transactions on our site. All advertisements charged to the relevant credit card will immediately be canceled.
  • Privacy Policy

 By subscribing to any of our services you agree to CARSAROUND.COM AU PTY. LTD. (AC)’s privacy policy. You further agree that:

  • CARSAROUND.COM AU PTY. LTD. (AC) cannot guarantee security of information provided through the internet, email messages etc.
  • Information submitted or stored on hardware or software may be subject to technical breaches including but not limited to viruses, hacking etc. such breaches shall not attributed to CARSAROUND.COM AU PTY. LTD. (AC).

Except otherwise indicated, you agree to receiving information communicated via email, SMS or other electronic delivery platform on the following issues:

  • Changes or additions to products and/or services.
  • Ancillary information on related services and products or other products and services which you may be interested in. This also extends to other matters referred to in CARSAROUND.COM AU PTY. LTD. (AC) privacy policy.
  • Where purchases have been made with credit cards, pending charges to your credit card as at the time of reflecting outstanding charges on your statement.
  • Information about service expiration and an option of renewal where you have subscribed to a services designed to run for a specified period.
  • Available offers including a step by step advice on how to complete an ad/subscription onto any of CARSAROUND.COM AU PTY. LTD. (AC), which you have commenced but yet to conclude.
  • You consent to absolve CARSAROUND.COM AU PTY. LTD. (AC) from any and all liability that may result from the provisions covered under this Privacy Policy.
  • Conditions for Using our Services
  • The CARSAROUND.COM AU PTY. LTD. (AC) site contains numerous information which information is covered by copyright as the absolute Intellectual Property of CARSAROUND.COM AU PTY. LTD. (AC)
  • Further to the above, CARSAROUND.COM AU PTY. LTD. (AC) retains the copyright in any artwork or text prepared by CARSAROUND.COM AU PTY. LTD. (AC), its employees and subsidiary services. Such information shall not be used for purposes other than for advertisement purposes.
  • All materials provided to CARSAROUND.COM AU PTY. LTD. (AC) for advertisement (including whether the material is used as it is or modified for new artwork or text) on its sites is provided on the basis that same is owned or licensed to you. You warrant that no liability for breach of copyright of any third party would attach to CARSAROUND.COM AU PTY. LTD. (AC) for use of any material you provide to it.
  • Limitation of Warranties

   The services of CARSAROUND.COM AU PTY. LTD. (AC) is provided on an “as is” basis and to that extent, CARSAROUND.COM AU PTY. LTD. (AC) does not guarantee that they would be uninterrupted, error-free or bug free. Consequently all delays, omissions and interruptions shall not be tied to CARSAROUND.COM AU PTY. LTD. (AC) for the purposes of imputing liability under the Competition and Consumer Act 2010 (Cth), Australian Consumer Law or equivalent applicable state or territory legislation.

  • Conditions to use of CARSAROUND.COM AU PTY. LTD. (AC) Services
  • To be able to place an advertisement on our site you must fulfill the following conditions:
  • Be 18 years and above
  • Create an account for the applicable CARSAROUND.COM AU PTY. LTD. (AC) service
  • Provide only Australian contact numbers
  • Signed up as a private or non-commercial advertiser

The following are not private users for the purposes of advertisement:

  1. Where you intend to sell the car being advertised from your dealership in your capacity as a licensed dealer.
  2. Where you advertise as an agent for a third party owner
  3. Where you have advertised more than four cars previously within a 12 month period.
  4. You must have completed and submitted an online application form and
  5. Paid the prescribed fees.
  •  Requirements for Using any of our Services
  • Must comply with the terms prescribed under this Terms & Conditions
  • Provide every relevant information necessary for your advertisement including any photographs in the form prescribed by CARSAROUND.COM AU PTY. LTD. (AC) from time to time.
  • Describe with as much accuracy as possible the cars being advertised.
  • Comply with applicable CARSAROUND.COM AU PTY. LTD. (AC) advertising policy
  • Materials sought to be used as part of your advertisement on the site, including images, written descriptions of items etc can only be used following a written permission from the original owners.
  • CARSAROUND.COM AU PTY. LTD. (AC) may request that you provide from time to time, proof of ownership of the car sought to be advertised as well as evidence that the car is in Australia.
  • CARSAROUND.COM AU PTY. LTD. (AC) reserves the right to remove your advertisement if the advertised car have been sold or upon communication of your request to remove the advertised product.
  • Policy on Advertisement on CARSAROUND.COM AU PTY. LTD. (AC)

In order to advertise on our site, you need to satisfy the following conditions:

  1. You agree not to advertise for any car that is:
  2. Not within Australia
  3. Cars not immediately available for outright sale i.e. cars you look to rent or auction only.
  4. Cars owned by third parties
  5. Cars that you do not have the authority to sell
  6. That require reference to other services such as finance, lending etc.
  7. If the advert is in breach of any extant laws.
  8. The advert infringes intellectual property of any person or body corporate
  9. Illegally, fraudulently, obscenely, offensively or deceptively obtained. Including adverts that defames or is aimed at tricking others or obtaining by conduct which may be considered unsuitable for individuals under the age of 18
  10. Adverts that containing anything capable of casting CARSAROUND.COM AU PTY. LTD. (AC) or any other site in bad light.
  11. Adverts that include or refers to links to other websites or HTML enhancement text that includes any of the content referenced above
  12. Contents that advertise in one single publication more than one primary item
  13. Adverts that include your personal contact details including home line, mobile numbers and/or personal email addresses in the comments section.
  14. Adverts may not be amended to describe or offer an item substantially different from the originally advertised item.
  15. Your advertisements must not include international contact numbers or account information in relation to the advertised products.
  16. All photographs and images submitted for publication on the site must be:
  17. Recent photographs of the actual car advertised for sale. The cars advertised must be substantially the same condition as what is advertised on the website.
  18. Where the car is registered a clear/legible image containing the registration details must be included
  19. Adverts must not include images of people
  20. Should not be digitally alterable
  21. Must not be watermarked
  22. Be submitted in jpeg format and in a maximum size of 3MB
  • Rights to Amend or Refuse Publication of submitted Content
  1. CARSAROUND.COM AU PTY. LTD. (AC) only publishes adverts submitted to it following an evaluation and acceptance of same for publication. It is only when your advertisement is published that it is deemed that CARSAROUND.COM AU PTY. LTD. (AC) has accepted your content. CARSAROUND.COM AU PTY. LTD. (AC) will advise you if your content is rejected or deemed unsuitable for publication
  2. Materials with content considered inappropriate would not be published. CARSAROUND.COM AU PTY. LTD. (AC) may either refuse to publish or amend the content before publishing.
  3. Publication of any adverts is on the basis of the provisions of this terms and conditions including any amendments made to this Terms & Conditions at the material time.
  4. Acceptance and publication of your advertisement does not translate to an agency relationship between you and CARSAROUND.COM AU PTY. LTD. (AC)
  5. Publication of your materials on CARSAROUND.COM AU PTY. LTD. (AC) is not a guaranty, warranty or assurance that the advertised items would be sold through any of CARSAROUND.COM AU PTY. LTD. (AC)’s sites.
  6. CARSAROUND.COM AU PTY. LTD. (AC) may republish your advertisement on other websites, search engines, applications or media both print and electronic as it may determine from time to time.
  7. Publication of submitted contents may be withdrawn, further publication refused or terminated wholly or partially in the following event:
  8. CARSAROUND.COM AU PTY. LTD. (AC) in its discretion determines that you do not qualify to advertise on its platform for any of the reasons captured under this Terms & Conditions including where you do not own the items sought to be advertised or where you are seeking to advertise as a commercial or non-private advertiser.
  9. You breach the terms of this agreement
  10. Where you have not logged onto the administration page for more than 21 days or
  11. Where CARSAROUND.COM AU PTY. LTD. (AC) determines that refusing, withdrawing or terminating an advertisement is an appropriate step to take.
  12. All editorial decisions including determination as to the format, font, position and placement of adverts are at the absolute discretion of CARSAROUND.COM AU PTY. LTD. (AC)
  13. Consequently, CARSAROUND.COM AU PTY. LTD. (AC) may in its absolute discretion edit, modify, abridge or remove portions of an advert including but not limited to Vehicle Identification Number (VIN) and/registration number.
  1. Cancellation and Withdrawal of Advertisement
  1. Adverts submitted to CARSAROUND.COM AU PTY. LTD. (AC) cannot be cancelled.
  2. Such adverts may however be withdrawn at any time after publication provided that all advert fees remain payable and non-refundable once paid.
  • Intellectual Property Rights

All intellectual property rights in advertised content including exclusive royalty free and irrevocable license to use the submitted content is devolved to CARSAROUND.COM AU PTY. LTD. (AC). The right yielded to CARSAROUND.COM AU PTY. LTD. (AC) includes right to reproduce, adapt, commercialise and/or utilize in any manner materials submitted in furtherance of an advert placement as well as authorize others to use same.

  • Payment
  • All payments must be made as prescribed for the relevant services.
  • The advertisement fee becomes payable notwithstanding the termination of this agreement, or failure to publish your submitted materials where such failure is a result of non-compliance with any of the terms in this agreement
  • Where your content is not published owing to non-compliance or breach of this agreement, you will not be entitled to a refund of the sums paid.
  • Provided that CARSAROUND.COM AU PTY. LTD. (AC) may in its discretion consider a request for refund on individual basis.
  • Warranties and Indemnities
  • As conditions for your use of CARSAROUND.COM AU PTY. LTD. (AC)’s site you warrant that:
  • You own all items advertised in your content and that you have the right to sell those items.
  • You have the right to publish the materials including graphics and texts.
  • You are able to grant authority to CARSAROUND.COM AU PTY. LTD. (AC) to publish the items sought to be published.
  • all contact and other details You have provided to CAMS AU are accurate; and
  • Your use of any of the Services will comply with the terms and conditions set out in this Agreement, the law and any other requirements or directions issued by CAMS AU from time to time.
  • Indemnity

You warrant to indemnify CARSAROUND.COM AU PTY. LTD. (AC) for all loss both actual and threatened including damages, actions or liabilities that may arise following your actions that:

  1. Breaches any of the agreement between you and CARSAROUND.COM AU PTY. LTD. (AC) including connected representations, warranties and anciliary agreements.
  2. Willfully, unlawfully or negligently breach any agreement whether the breach is negligent notwithstanding.
  3. Makes CARSAROUND.COM AU PTY. LTD. (AC) liable for publishing your adverts.
  4. Your actions utilizing the services of CARSAROUND.COM AU PTY. LTD. (AC) leading to liability for CARSAROUND.COM AU PTY. LTD. (AC) or any other third party.
  5. From advertising for sale or offering for sale any item you submit on the site
  • CARSAROUND.COM AU PTY. LTD. (AC) Obligations to You
  1. CARSAROUND.COM AU PTY. LTD. (AC) will not be liable under any guarantees, express or implied warranties for any goods or services it provides to the full extent permitted by law.
  2. To the full extent permitted by law, CARSAROUND.COM AU PTY. LTD. (AC) will not be liable for:
  3. Your use of any of our websites as you agree to take full responsibilities for all activities flowing from your use of CARSAROUND.COM AU PTY. LTD. (AC)’s site
  4. The activities of other CARSAROUND.COM AU PTY. LTD. (AC) site users which activities may affect you negatively.
  5. Changes to the contents on the site which changes are made without any prior notifications
  6. Damages to your devices including software and hardware damages which occur as a result of your use of CARSAROUND.COM AU PTY. LTD. (AC) site or services.
  7. For interruptions to hyperlinks, bug and viruses or error messages that may affect use of CARSAROUND.COM AU PTY. LTD. (AC) services. There are no liability on the part of CARSAROUND.COM AU PTY. LTD. (AC) to correct any defects on its sites.
  • Liability of CARSAROUND.COM AU PTY. LTD. (AC)

The liability of CARSAROUND.COM AU PTY. LTD. (AC) is limited only to:

  1. Any guarantees, rights or obligations imposed by law which legal impositions cannot be waived or compromised provided that in such events, the liability of CARSAROUND.COM AU PTY. LTD. (AC) may be dispensed with at the discretion of CARSAROUND.COM AU PTY. LTD. (AC) by (A) replacing or repairing the affected goods (B) supplying goods, the equivalent of the goods affected (C) supplying the services in issue again (D) paying the cost of replacing the goods or services or repairing same.
  2. Subject to the most liberal interpretation in favor of CARSAROUND.COM AU PTY. LTD. (AC), where it is found that your claim is a result of any deliberate breach of this terms and conditions or arising out of fraud by CARSAROUND.COM AU PTY. LTD. (AC)

Only to the extent required by law and notwithstanding any other provisions in this terms and conditions, CARSAROUND.COM AU PTY. LTD. (AC) WILL N OT be liable to you for:

  1. Claims arising out of publication of your advertisement whether such claims is founded on tort, contract, indemnity, strict liability, breach of warranty or as a consequence of this agreement.
  2. Any loss arising from use of our site, loss of anticipated savings, increased cost of operation, loss of anticipated revenue, business, data, contract or delay in accessing any financial services leading to economic loss, direct and indirect damages or consequential loss
  • Ancillary Issues

You warrant to indemnify CARSAROUND.COM AU PTY. LTD. (AC) for any loss, threatened or actual actions, claims, demands including out of court settlement demands and any other liability which CARSAROUND.COM AU PTY. LTD. (AC) may incur as a result of your using our site.

  1. Reference to CARSAROUND.COM AU PTY. LTD. (AC) under this part of the Terms & Conditions includes CARSAROUND.COM AU PTY. LTD. (AC)’s staff, officers, employees, contractors and agents, howsoever described and whether individually or collectively.
  2. This section of the Terms & Conditions succeeds any future termination of this agreement.
  • MISCELLANEOUS
  • The conditions set out in this terms of use and all other conditions, notices and disclaimers are to be construed according to the laws operating in New South Wales.
    • Any disagreement with any terms and conditions including any modifications to same may be addressed by unsubscribing to the services. You may discontinue your use of the services by contacting CARSAROUND.COM AU PTY. LTD. (AC) to disable your registration and any accounts created. You may contact CARSAROUND.COM AU PTY. LTD. (AC) by visiting the “Contact us” page on the site.
  • DEFINITIONS
  • Advertisement: means any content placed on CARSAROUND.COM AU PTY. LTD. (AC) services for marketing purposes
  • Advertiser: refers to the person utilizing submitting content for publication on CARSAROUND.COM AU PTY. LTD. (AC) website or using any of our services
  • Agreement: includes any understanding between you and CARSAROUND.COM AU PTY. LTD. (AC) under which CARSAROUND.COM AU PTY. LTD. (AC) may publish a content in accordance with this Terms & Conditions.
  • Package (alternatively, offer): refers to a combination of features including one or more of the following features that is to say: advert type, advert style, fixed cost for a series of defined package components, fixed price for a series of variable components eg. $ x – y/line

You: the person signing up to CARSAROUND.COM AU PTY. LTD. (AC) site for the purposes of taking benefits of the advertised services.

Autotrader Information Collection Statement

At CARSAROUND.COM AU PTY. LTD. (AC), we collect personal information solely for the purposes of providing services to you. You agree that information may be collected, used and disclosed for this purpose and for related purposes, including but not limited to improving and personalizing individual experiences and for the purposes of promoting additional or third party services to you.

In this part of the Guide, we would be explaining how we collect, use, disclose and utilize personal information collected about you. Circumstances when we would be disclosing your personal information to third parties and the implications of incomplete, deceptive and outright false information. We would also explain to you the mechanisms for levying any complaints pertaining to use or disclosure of the collected information including how to contact us for the purposes of complaints.

PRIVACY POLICY

CARSAROUND.COM AU PTY. LTD. (AC),

Effective June 12, 2019

  1. Introduction

 This part of the guide provides information on collection, use and disclosure policies of CARSAROUND.COM AU PTY. LTD. (AC) with respect user data collected. The privacy policy guides the interactions of CARSAROUND.COM AU PTY. LTD. (AC), its affiliates, and related services and includes information collected when you use any of our apps, websites, widgets as well as any surveys carried out by us collectively described herein as “company services”. By subscribing to our services, you agree that this policy and the terms contained in any referenced material applies to you.

The provisions of this policy applies to every person using our services including advertisers, subscribers and users of our services whether registered or unregistered. It includes personal information notwithstanding that such information may not immediately be connected with your use of the site. Such information may include full names, postal address etc.

The provisions of the Privacy Act 1988 (Cth) relating to handling of personal information shall apply in all our use of your private information. The exemptions under the media exemption, including the Australian Press Council Privacy Standards and other corporate exemptions including the employee exemption in the Act shall be adhered to where reasonable. The provisions of the Australian Press Council Privacy Standards are relevant with respect to our use of your private information in the course of journalism. For details on how this may apply, you may visit the APCP website at http://www.presscouncil.org.au/privacy-principles. For citizens of EU member states, the standards on use of personal information as prescribed by the EU’s General Data Protection Regulation (GDPR) 2018 is applicable. In the same vein, we operate within the standards of the GDPR in our relationship with companies and would generally meet the standards of the GDPR in our dealings with EU based companies. In the event that you may have a query in your capacity as a “controller” or “processor” regarding the use of any information, please contact us.

  • The Information we collect:

Information vital for company services and efficient business operations

We need certain information to provide you with the services you require. Typically we would be asking for the following information for the purposes stated below:

Registration Information: the information requested at the stage when you open an account with us or subscribe to any of our services. They are vital to ensuring that you get the services that you require and efficiently too. Such information may include: email addresses, name, delivery or postal address, phone numbers, gender, birth date etc. They may be collected when you open account, when you make inquiries, advertise on the site, post a comment, enter a competition or request a newsletter. They may be ongoing and from time to time. You may choose to either interact under a pseudonym or anonymously, where this is an acceptable option, we would usually let you know.

Public Information and Posts: when you post a comment or content, the accompanying identifiers such as name, username, comments, likes, status, display pictures, profile information etc. may be collected. Please note that when you make your posts and information posted on the site public, they can be viewed by anyone and may be further displayed as search results in external search engines.

Information from Third Party Social Media: where you access our services using a third party social media service or connect our service to a third party social media service, your personal information domiciled with that third party social media service may be shared with us. Expected information might include you user ID, display pictures, email addresses, followers and friends list as well as any information you have registered with that third party social media service. We typically do not collect passwords or security information used on the third party social media service.

Connecting to a company service using a third party social media or connecting a company service to a third party social media service is an authorization to collect, store and disclose the relevant information in accordance with our privacy policy.

Activity information, including use of Cookies and other Technologies: you authorize us to collect information about your visits to our sites. Our servers may receive and record, as condition for accessing same, information about your computer, device, browser and browser type, software and hardware information and in certain instances your IP address. Where you access company services using a mobile phone or other devices such as tablets, information collected may extend to unique device identifiers, geolocation data and other transactional information assigned to that device.

Note: Cookies and other tracking technologies are made up of small bits of data or codes that often include de-identified or anonymous unique identifier. Websites, apps etc usually send a request asking you to agree to their use of cookies when you first visit a site. The data is then stored on your device so that the website or apps can access the stored information when you make subsequent requests to visit the page. Cookies and other tracking technologies may also collect and store information about the pages you visit, contents viewed and generally document your internet footprints. Third parties affiliated to our company services or who provide IT support for our services may also use tracking technologies to collect similar information. We do not control these third party technologies as they also have their own privacy polios in place with regards the use of tracking technologies. You may do well to read third party privacy policies too in situations where they provide services that you wish to use.

The default mode for most browsers is to accept cookies, this may however be reset to request your confirmation before a site that uses cookies is accessed. You may also set your device to block out sites that use cookies entirely; consult the “Help” section of your browser to learn more about cookie use. Adobe sites provides for the Flash Technologies, you may want to know more about the use of Flash management tools on the Adobe Website. It is important that you know that certain features of our company services may be disabled and certain contents and personalization made unavailable to you when you disable Cookies.

For optimum use of our sites, we collect anonymous and aggregated data which is used to measure user interactions. We collect this data using Google Analytics Advertiser Features which gives us access to Demographic and Interest reports, Remarketing, GDN Impression Reporting and the DoubleClick Campaign Manager Integration. You may learn more about the extent and application of these services as well as how to opt-out at any time by visiting the Google support page.

In addition to Google Analytics, we also use Eyeota to capture anonymous data on users for the purposes of segmentation and audience remarketing. We do not collect personal information in this process. Please learn more about Eyeota and how to opt out by visiting the website: http://www.eyeota.com/privacy.html

We use Nielsen/NetRatings web analytics tools to measure and analyze internet usage. The data collected in this regards is anonymous.

Additional Sources: the information we collect may be from other sources including commercially available sources, data providers, surveys, related and affiliated companies and from our business partners both in Australia and globally. Your responses to survey questions are used only for the purposes of improving our services and ensuring an efficient and effective service delivery, personalization, business research and operations.

Information collected for Contract or Employment purposes: Application for employment or bidding for a contract with us requires that we collect information about you. We may collect such information from any recruitment consultant, previous employers and any person who is a position to provide us the requested information. We are however not obligated to release information on our previous or current employees where such information are exempt from the Privacy Act.

Employee information of individuals engaged by our suppliers, including service and content providers, contractors, dealers, corporate clients and related companies and agents may also be collected. We would typically state the reason for collecting these personal information and how we intend to use them. Even when we do not state so expressly, they would be obvious in the way we deploy these information.

How we use collected information

Information collected are solely for the purposes of providing you with company services and ancillary features including but not limited to measuring and improving services, enhancing user experiences both online and offline, informing you of developments in company services that we consider would be relevant and interesting to you through adverts and marketing messages, allowing you to make vehicle enquiry or put up a vehicle for sale, allowing you to interact on our platforms by leaving your comments or posting contents, taking part in our customer relations programs including competitions, games, rewards programs etc. Also for the purposes of providing you with customer support and response to enquiries. Where the collected information does not directly identify you, we may use them for any purpose or share them with third parties.

Where collected information identifies you directly, we remove the identifiers and then use them for other purposes including sharing with third parties. This includes hashing or redacting elements of your email address which actions are non-reversible.

Your user information may be deployed for the purposes of research and data analysis. Where a post or communication via any media platform contains your personal information, we may publish such communication identifying you as the author. Where there are prior agreement for use of information at the point of collection, we would also use your personal information in this agreed way. Where you emerge the winner of a competition organized by us or our affiliates, we may publish your personal details in accordance to the competition terms including to relevant regulatory authorities.         

We may also disclose your personal information to our service and content providers for the purposes of managing and providing company services. These third parties may include data cloud service providers, website hosts, debt collection and direct marketing service providers. The engaged company may be spread across varying legal jurisdictions including the United Kingdom, United States of America, and Singapore etc. When we utilise the services of third parties, we generally require them to comply strictly with the privacy policy and relevant extant laws on privacy. The information collected are also used only for the purposes of delivering specific Company services. Notwithstanding this commitment, the privacy policy of these third parties is the applicable policy with respect to the information provided to them and not the privacy policy of our company.

Sharing Functionality: when you log into a social media service or connect to Company service using a social media service, you agree that your username, display information and profile information, comments and tweets as well as your activities generally on the social media platform may be shared with your friends and associates including the social media service provider. Where the information is shared with a social media service provider, the applicable privacy policy is that of the social media service provider and not our privacy policy. Do not connect your social media service account with your company services account if you do not intend that your personal information be shared. Also do not share company services on your social media platforms.

Collaborations: we may collaborate with other service providers to provided services and features such as competitions, promotions etc. otherwise referred to as “co-branded services”. These co-branded services may be hosted on our site or the third party’s site. The information shared further to the provision of a co-branded service would be governed by the privacy policy of the third party. Before we share your information further to a co-branding service, we would typically seek your consent and advise you on the implications.

Advertisements: to enable us filter advertisements that may be relevant to you, we need access to your information. The company and our advertisers would use your personal information in the course of advertising the company’s services and related services. Refer to the section below detailing how to manage advertisements that may be sent to you in the course of using company services. Managing adverts includes restricting, editing, or opting out entirely from certain adverts. You may opt out by visiting http://www.google.com/ads/preferences/?hl=en.

Contacting you:

We may send you promotional materials and notifications from time to time including invitations to participate in certain activities such as surveys and special offers.

Sharing your Information with Company Affiliates: your personal information may be shared with our related companies both in and outside Australia. Affiliated companies may operate by a different privacy policy, users are therefore enjoined to visit these companies privacy policy. Our affiliated companies may use your information in the same way as we do under this privacy policy.

Sharing your information with our Business Partners: this is subject to your express authorisation. The information shared would be used for marketing communications consistent with your requests.

Protection of Company Rights: where it is necessary and reasonable to disclose your information, the company may do so without express authorisation. Such instances may include but are by no means limited to (a) where there is a need to protect, enforce or defend the legal rights, privacy, safety and assets of the company, its employees and related entities, agents and contractors. It may also include instances where the company can only protect and enforce its legal rights only by disclosing such information. (b) Where disclosing your information is geared towards protecting the safety, privacy and security of other users of the company’s services as well as the general public. (c) Where disclosure is made pursuant to an extant law or legal order in any country. (e) Where disclosure is necessary to prevent fraud or for managing risks. (f) Where the disclosure is further to a request made by a government or any of its agencies.

Where Disclosure of Information is further to a Corporate Restructuring: this includes where there is a merger and acquisition or outright sale or transfer of any of the company’s assets. It also extends where the merger, sale or transfer is with respect to all or a part of a company’s business. In any of the foregoing instances, your personal information may be disclosed in the course of the transactions and as part of any due diligence prior to the business arrangement whether such arrangement proceeds to an agreement or not.

4. How we protect your Information

We take your privacy seriously and to ensure that your information is protected, we use commercially reasonable administrative measures. We also utilise experts and technical assistance to ensure that your information is not tampered with or used in anyway not envisaged. We have installed systems that prevents modifications or theft of your personal information. We do not however guarantee that these systems are foolproof.

  • How you can access your information

In the event that you would want to review or update your personal information, follow the steps outlined below for contacting us. The request for review should contain your email address, name and telephone number as well as include with as much specifics what information you would want to changed. You agree that your information would be shared to all necessary persons who can assist in effecting the review. We would revert with regards to the request you have made within reasonable time and as soon as practicable. Where we refuse any request or deny you access, we would typically inform you of the rationale behind such a refusal.

  • Opting Out

As already mentioned, cookies and other tracking technologies may be disabled and discontinued, this however may limit access to some other company services. Importantly, blocking a website run on cookies does not mean that all tracking technologies are also disabled. In essence, information on your usage and targeted contents may still be stored. These information may then be deployed by the company in filtering the kinds of adverts you see and what content we send to you. To understand how this works, you may visit http://youronlinechoices.com.au. To opt out of receiving such adverts and contents, visit http://www.youronlinechoices.com.au/opt-out. To stop receiving mobile alerts and notifications of promotions, new contents etc. you may disable further notifications by unsubscribing following the prompts at the bottom of each email or text messages. Where a mobile app is installed, you may disable notifications by changing the settings on your mobile device or through the installed app.

You may contact us for information on how to change your account settings. Our contact information are at the end of this material.

  • Additional Information

Updates to Privacy Policy: the company may modify this privacy policy without any prior information and at any time. The last revised date would generally be displayed at the top of this Privacy Policy. Once you notice a new revised date, you should know that the previous private policy does not continue to apply and that any new changes is the operational position. Hence where there are changes to the agreement guiding use of any of our services which changes are not acceptable to you, you may stop the changes to the agreement becoming binding on you by terminating the agreement on reasonable grounds.

Location of collected Data: some of the company’s services are domiciled and managed outside Australia, you agree that in the course of providing Company services, information about you may be accessed or transmitted to locations outside Australia.

Linked Services: our services may be linked to third party companies or service providers who may be unconnected with us. The linking of services may come with advertisements, contents, functionality, newsletters, games, competitions, or applications developed by these unconnected companies. In such situations as this and in areas where the privacy policies of unaffiliated companies apply, we will not be responsible for any liabilities that may arise when you access these services provided by unaffiliated companies. We advise that you read the privacy policies of such companies.

Collection of personal financial information through payment service: some of our services allow for purchases and payments to be made on or through unaffiliated payment services (“payment service”). These payment services would usually direct you to the Payment Service Webpage, ensure you go through this page before proceeding. The privacy policy of such payment service would be the applicable policy and not this privacy policy. We do not control how the payment service uses your personal information collected through use of their sites.

Data Storage: we would typically retain your information for as long as required to provide you with the necessary services and as prescribed under this privacy policy. Where a regulation or law requires a longer retention period, such periods prescribed by law would apply. Where an account has been disabled or you have opted out from a service, certain information shared on certain platforms may still remain stored and available for viewing. Such information may include comments made on a social media platform or other services. Also, as a result of caching technology, disabled accounts may not be immediately inaccessible to others. Backup information may not be immediately cleared from our accounts and servers for fraud detection, security reasons and in compliance with legal provisions and internal policies. Complete erasure of your information is not always possible due to certain reasons including technical and system constraints as well as compliance with any financial and legal requirements.

Sensitive Information: it is advisable to withhold sensitive information including personal information pertaining to racial or ethnic origin, health status, religion or other beliefs, criminal records or membership of any association via the company services or platforms. Where you send such sensitive information, you agree that the collection and use of such information is in accordance with the provisions of this privacy policy.

Complaints: any complaints, including complaints pertaining to our conduct vis-à-vis our obligations under this privacy policy should be communicated to us through the contact information provided below. In your complaints, please include your email address, name, home or office address and phone number. With as much brevity and clarity as possible, explain what your complaints is about. We would typically respond to your complaints as soon as possible, within a period not exceeding 5 days and in doing this, we may share your information with others who may be better placed to attend to your complaints. Following assessment of your complaints, we shall communicate to you our position which may include accepting your complaint, requesting more information or denying any liability. We may intimate you of next steps to take in resolving your complaints. Where you are dissatisfied with our handling of your complaints, you may contact the office of the Australian Information Commissioner (www.oaic.gov.au).

Live Chat Box: live chat boxes on the site are provided and managed by third parties. These third parties may collect, use and store information from you or through our company services for the benefit our company or such third parties. Such information which may include your name, location and other private information may be stored by the third parties operating these live chat boxes in different jurisdictions including but not limited to the United States, Australia and the European Union. The privacy policies of such companies apply in your use of the live chat box services on our sites. We advise that you research on these third party companies, how they collect and use your data and personal information. You can learn about these third party companies by visiting the LivePerson CARSAROUND.COM AU PTY. LTD. (AC) and ContactAtOnce!, LLC Privacy Policy . DriveChat Privacy Policy: http://www.drivechat.com.au/privacy/.

Contact Us

In the event that you would wish to contact us regarding anything contained in this privacy policy, please reach out to our privacy officer at: Customer Service Representative CARSAROUND.COM AU PTY. LTD. (AC). You can also fill out our form at www. CARSAROUND.COM AU PTY. LTD. (AC).com.au or email us at info@carsaround.com.au