TERMS AND CONDITIONS FOR USE OF CARSAROUND.COM AU PTY. LTD (CAN 632 989863, ABN: 21 632 989 863) SERVICES
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.
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:
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;
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 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.
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).
Except otherwise indicated, you agree to receiving information communicated via email, SMS or other electronic delivery platform on the following issues:
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.
The following are not private users for the purposes of advertisement:
In order to advertise on our site, you need to satisfy the following conditions:
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.
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:
The liability of CARSAROUND.COM AU PTY. LTD. (AC) is limited only to:
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:
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.
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.
CARSAROUND.COM AU PTY. LTD. (AC),
Effective June 12, 2019
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.
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.
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.
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.
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 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.
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.
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.
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.