Cars
ImOnline Media Pty Ltd ACN 136 865 159("the Company") owns and operates the network of websites (the "Classifieds Network") including imonlinemedia.com.au, cars4saleaustralia.com.au and other websites in the group ("Sites") from time-to-time.
These Terms & Conditions ("Conditions") apply to all sites in the Classifieds Network and govern the use and access of the Classifieds Network. In these Conditions "us", "we" and "our" refer to the Company and references to "you" and "your" is to you, the end user.
These Conditions supplement and apply in conjunction with any other terms & conditions, agreements, policies or other regulations of use for any of the Sites or the Classifieds Network.
The Classifieds Network is a group of sites that enablesbuyers and sellers to advertise goods and services ("Classifieds") for sale or purchase through a syndicated content network (together called the "Services"). The Company nor the Classifieds Network are auctioneers, motor vehicle dealers, agents or represent any of the users of the Classifieds Network other than a platform for advertisements so as to provide the Services.
By using the Classifieds Network you agree to be bound by the Conditions. If you do not agree with these Conditions you must immediately stop using the Site. If you do not agree to our current Conditions, you must leave the Classifieds Network.
We may change, update or otherwise amend these Conditions at our absolute discretion and without notice.
You acknowledge & accept the Privacy Policy and any other terms or conditions found on the Classifieds Network.
You are granted a non-exclusive, limited and revocable license to access the Classifieds Networkand use the Serviceson the conditions that:
You are over the age of 18;
If you are a company or other non-personal entity, you are validly registered in Australia;
You only use the Classifieds Network for lawful purposes;
You will not use the Classified Network to scam or fraudulently engage with any other person;
You do not engage in any improper, indecent or offensive behaviour while using the Classifieds Network;
You are not breaking any local, state or federal law in your relevant jurisdiction (or the State of Queensland in Australia) by accessing this Classifieds Network;
You will treat the Classifieds Network and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us); and
You register as a Member to use the Services.
By using this site you acknowledge that we are not required to keep the Site available for your use and we make no warranties as to its availability.
We accept no responsibility for the unavailability of this Site, or any offers or services found on the Site, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site.
We make no guarantees, implied or express, as to the ongoing availability of the Site or any Services offered on the Site.
You specifically warrant that you shall comply with all legislative and regulatory requirements with respect to advertising vehicles and other Classifieds in your jurisdiction.
In respect of any content that you post on the Site or submit to us, you warrant that it is:
Accurate (to the best of your knowledge);
Lawful;
Compliant with these Conditions;
Virus free; and
Not false, defamatory, misleading or otherwise deceptive in anyway.
You also warrant that you shall not upload any content that infringes any copyright, trademark or other intellectual property rights of any other entity.
You are liable for and indemnify us against all liability, loss, costs and expenses arising from or incurred in connection with your breach of any warranties contained in these Conditions.
We make no warranties as to the accuracy of any content posted by Users or Members and accept no liability for errors & omissions in general.We reserve the right to remove, amend, edit or in any other way change any post by any User or Member in our absolute discretion.
By posting on the Site, you grant us a world-wide, non-exclusive, unlimited and irrevocable right to use, publish, market, advertise or otherwise promote the content you post, other than personal or medical information, which is managed in accordance with our Privacy Policy.
To use the Services of the Site you must register as a Member. Until registration you are merely a User. To become a Member you must be:
18 years of age or older; or
The legal guardian of a minor under the age of 18; and
Capable of forming binding contracts. You warrant that you are capable of fulfilling the obligations that you enter into with other Members.
You must provide us with accurate personal and contact information. You agree you will use the site for personal purposes only and not for commercial or business use (unless so authorised to do so). You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Site.
You must maintain your username & password to access the Site. It is your responsibility to keep your username & password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who is utilising it, whether with or without your permission.
The Company makes no warranty in respect to transactions entered into between Users, Members or any other party that connect on the Classifieds Network. Other than fees and charges collected by the Company for the Services, the Company has no relationship at contract with buyers and sellers in a transaction related to a Classified.
If you make a supply through the Site to another User or Member that is a taxable supply for Goods & Services Tax ("GST") it is your responsibility in full to collect & remit any GST as per the terms of A New Tax Act (GST) 1999 (Cth) and you indemnify us for any liability or claim against us in relation to a supply you make through the Site.
You agree to pay all fees and charges, including GST, to the Company as required on demand, in full and without set-off. You may be required to make payments in advance. Unless stated otherwise, and insofar as permissible under laws, the Company does not offer refunds.
The Classifieds Network provides connectivity with third party services and applications ("Other Sites") as part of a connected web experience. Such connections will only be made with your consent.
You agree and accept that your details may be used by Other Sites and that the Company has no control over how the Other Sites use your information and disclaims all liability in relation to how those Other Sites access, use and disseminate your information.
You agree to use the Other Sites and the connectivity in accordance with the terms & conditions of the Other Sites and these Conditions.
You irrevocably authorise us to permit and/or grant access to Other Sites to utilise information on the Classifieds Network that you consent to being connected to using Other Sites.
The trademarks and intellectual property of the Other Sites is the property of their owners and you must not use the Site to infringe on any intellectual property rights of the Other Sites.
Windows Live Messenger. The Site enables you to use the Microsoft Windows Live Messenger service to have live online discussion with other Members. The Company is in no way affiliated with Microsoft, responsible for the efficacy or reliability of the Windows Live Messenger service, nor its ongoing availability.
Facebook. The Site allows you to synchronise information between Facebook and the Site. The Company is in no way affiliated with Facebook, responsible for the efficacy or reliability of Facebook or the synchronisation, nor its ongoing availability.
We will communicate with you in the first instance using the email address you have supplied to us. It is your responsibility to ensure that your contact details are correct. You authorise us to contact you by any other means possible, although you agree that it shall not be reasonable for us to attempt to contact you by any other means than the currently supplied email address.
You may contact us at any time using the details made available on any of the Sites. We will notify you from time-to-time of any changes to our contact details.
Any notices under these Conditions are validly issued by email and are deemed received 24 hours after sending, provided the sender has not received information or confirmation that would lead to the receiver to reasonably believe that the email has not been delivered as intended.
All content on the Site is the copyright of the Company. Without the express written permission of the Company, you shall not:
Replicate all or part of the site in anyway; or
Incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.
The Company has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
You agree that by using the site you will not copy the Site or the services that it provides for your own commercial purposes. You agree and warrant that you will not solicit the Users or Members of the Site to join another competing site or in anyway to stop using the Site in preference of using another site offering comparable services. You indemnify us for any loss or damage we suffer as a result of your breach of this warranty.
The Site may contain information & advertising from third-party businesses, people & websites ("Third-Parties"). You consent to receiving this information as part of your use of the Site.
We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
A reviews, feedback and rating system may be available on the site to comment about the Services, Classifieds, Users & Members. You accept that your conduct as a seller, User, Member, party to a transaction, attendee or other capacity (as applicable) could be discussed on the Site in the interest of determining your suitability as such for other Users and/or Members.
You agree that any reviews that you make will be fair and accurate.
We reserve the right to remove any feedback or ratings at our sole discretion.
You agree that you use the Site at your own risk.
You acknowledge that we are not responsible for the conduct or activities of any User or Member and that we are not liable for such under any circumstances.
You acknowledge that we are not responsible for the unavailability of any User or Member and that we are not liable for same under any circumstances.
You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of the Conditions.
In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, or in any way relating to the sale and purchase of any goods advertised (or the provision or non-provision of any goods), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.
Certain rights and remedies may be available under the Competition and Consumer Act2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:
the re-supply of services or payment of the cost of re-supply of services; or
the replacement or repair of goods or payment of the cost of replacement or repair.
You agree that in no way shall the Company be responsible for ensuring completion of any payments, deliveries, supplies, sales, purchases or other transactions so contemplated or agreed to by Users or Members, whether made on or through the Classifieds Network or otherwise.
You acknowledge and accept the Privacy Policy, which can be read [here].
You agree that you will not do anything that shall compromise the Company's compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Site is concerned.
We may amend the Privacy Policy from time-to-time by providing reasonable notice to you.
We may suspend your access to a Site or the Classifieds Network if you:
Are in breach of these Conditions or any other terms & conditions;
Have not paid any fees or charges you must pay;
Your account appears to be have been accessed without your authority;
Your account has been or appears to have been used maliciously or threatens the security or stability of the site; or
For any other reasonable purpose.
We will notify you of your suspension where possible and the reason(s) for it occurring.
Either party may end this Agreement immediately by giving the other party written notice. It is not essential to provide reasons for the termination. Where this Agreement has been terminated you must immediately cease using the Site.
Your use of the Site may be cancelled at any time, for any reason, by the Company on a temporary or permanent basis by the Company giving you written notice. You must immediately cease using the Site should you receive a notice cancelling your license to use the Site.
We reserve the right to remove any content from the Site that you post which is the subject of a complaint by anotherUser or Member, irrespective of whether that complaint is justified or reasonable.
You agree to remove any contentious content immediately upon request by us.
Should you have a complaint about content on the Site you should report it to us immediately. We may or may not investigate your complaint, depending on its nature.
If you have a dispute with us or another User or Member in relation to your use of the Site or the conduct of others on the Site, you must report the dispute to us so that we may investigate and assist in the resolution of the dispute (where possible).
You can direct notices, enquiries, complaints and so forth to the Company at:
ImOnline Media Pty Ltd
60 Sydney Street
Mackay QLD 4740
Ph: 1300 799 949
Fax: 1300 799 926
Contact us Here
We will notify you of a change of details from time-to-time
We will send you notices and other correspondence to the details that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to notify us of any updated contact details as they change.
Email notice from us to you is effective notice under these Conditions.
Nothing in this agreement shall be deemed to form a relationship between the Company and you of joint venture, partnership, employment or other association in any way other than parties to this Agreement.
This Agreement shall be governed by and construed in accordance with the law of Queensland and each of the parties hereby submits to the non-exclusive jurisdiction of the Queensland Courts.
Any provision of this Agreement, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of this Agreement, so far as is reasonably practicable.
This Agreement is part of an ecommerce transaction and the parties agree that these Conditions shall be accepted electronically and this Agreement is formed & validly entered into electronically.
The termination of this Agreement does not affect the parties' rights in respect of periods before the termination of this Agreement.
The definition is clause 8 have specific meaning in these Conditions: Other words in these Conditions may also have the meanings assigned to them where so defined.
In these Conditions references to "us", "we" and "our" refer to the Company and references to "you" and "your" is to you, the end user, Seller, Member other user of the Site.
These Conditions are in addition to and subject to the general conditions set out in the Classifieds Network Terms and Conditions that can be found [here].
In return for you paying the Fees and Charges and complying with these Conditions, the Company agrees to allow you to list your Classifieds on the Site and the Classifieds Network.
You agree that:
You are a Private Seller;
You are not a motor vehicle dealer or selling the Motor Vehicle on behalf of a motor vehicle dealer;
You are the owner of the Motor Vehicle or authorised by the owner of the Motor Vehicle to advertise it for sale;
The information you list about the Motor Vehicle is accurate;
You agree and accept the terms of:
these Conditions;
the Privacy Policy; and:
the Network Terms & Conditions; and
You will pay the Fees and Charges.
You are required to pay any fees and charges required by the Company to list your Classified on the Site .Unless stated otherwise, all Fees and Charges are:
Inclusive of GST;
Payable in advance; and
Non-refundable.
The Company shall issue you with a Tax Invoice for your payment of the Fees and Charges.
You warrant that the Motor Vehicle listed for sale is genuinely available for sale.
You must do all things reasonably necessary to ensure you are able to sell the Motor Vehicle as described in you Classified. You warrant that you have obtained a road worth certificate or other similar certificate as required to advertise a Motor Vehicle for sale in the place you are selling the Motor Vehicle.
By placing a "For Sale" sticker on your motor vehicle you do so:
Entirely at your own risk and discretion;
In compliance with all relevant local laws; and
Accepting that the Company does not endorse or approve your sale.
You are solely responsible for ensuring that:
You receive full payment for the Motor Vehicle from the Purchaser;
A receipt or invoice is issued for the Motor Vehicle if required;
Registration is transferred to the Purchaser; and
Delivery of the Motor Vehicle to the Purchaser.
The Company disclaims all liability for matters of payment, registration, transfer, delivery or receipt of the Motor Vehicle and you agree to indemnify the Company for any loss, damage, claim, injury or expense it occurs as a result of any part of the transaction for which you have responsibility.
You agree to de-list the Classified once the Motor Vehicle is sold by using the available process on the Site on in your account. You agree to provide all necessary information to the Company as required on the Site about the sale of the Motor Vehicle or the success/failure of the Classified.
You may:
Change the details of the Classified; and/or
De-list the Classified; at any time by using your account and editing the Classified.
You must immediately correct any error in your Classified that you become aware of.
The Company shall not be required to maintain a copy of your Classified nor restore an altered or de-listed Classified.
Company ImOnline Media Pty Ltd ACN 136 865 159
Classified the advertisement you post on the Site to sell a Motor Vehicle
Classifieds Network the group of sites operated by the Company including the Sites cars4saleaustralia.com.au, cars4salequeensland.com.au, cars4salenewsouthwales.com.au, cars4salevictoria.com.au, cars4saletasmania.com.au, cars4salesouthaustralia.com.au, cars4salewesternaustralia.com.au, cars4salenorthernterritory.com.au and other syndicated content networks.
Conditions means these Private Seller Terms & Conditions and amended and updated from time-to-time.
Member means a registered user of the Site or the Classifieds Network.
Motor Vehicle means the vehicle listed in a Classified that would be generally described as being a motor vehicle in the ordinary usage of the term.
Network Terms & Conditions means the Classifieds Network Terms & Conditions found [here] as amended and updated from time-to-time.
Privacy Policy means the Privacy Policy found [here] as amended and updated from time-to-time.
Private Seller means a seller of Motor Vehicle that is doing so as a "one-off" transaction and does not engage in the buying and selling of motor vehicles in trade or commerce, whether required registered or not.
Purchaser means the Purchaser of a Motor Vehicle advertised in a Classified on the Classified Network.
Seller means the Member responsible for listing the Classified, and if more than one person, means all those persons or entities responsible for instructing the Member to list the Classified
Site the website cars4saleaustralia.com.au
Fees and Charges the fees, charges, costs and other monies required to list a Classified on the Site, as specified and changed from time-to-time. the fees, charges, costs and other monies required to list a Classified on the Site, as specified and changed from time-to-time.