1. ACCEPTANCE OF TERMS
1.1.1 This Agreement, which incorporates by reference other provisions applicable to use of Cartime.com.au, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in Cartime.com.au, sets forth the terms and conditions that apply to use of Cartime.com.au by User. By using Cartime.com.au (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Cartime.com.au sites is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
1.1.2 The Cartime Group Pty Ltd shall have the right at any time to change or discontinue any aspect or feature of Cartime.com.au, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
Cartime Group shall have the right at any time to change or modify the terms and conditions applicable to User's use of Cartime.com.au, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Cartime.com.au, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Cartime.com.au by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, the Cartime Group Pty Ltd provides User with access to a variety of resources, including upload areas, product information and advertisement of goods or items for sale. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms and Conditions.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Cartime.com.au sites and all charges related thereto.
5. USER CONDUCT
5.1 User shall use Cartime.com.au for lawful purposes only. User shall not post or transmit through Cartime.com.au any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Cartime Group’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in Cartime Group’s discretion restricts or inhibits any other User from using or enjoying Cartime.com.au will not be permitted. User shall not use Cartime.com.au sites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Cartime Group Pty Ltd.
5.2 Cartime.com.au contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Cartime.com.au are copyrighted as a collective work under the Australian copyright laws. The Cartime Group Pty Ltd owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of any material on Cartime Groupweb site will be permitted without the express permission of the Cartime Group Pty Ltd and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
5.3 User shall not upload, post or otherwise make available on Cartime.com.au any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. User permits any other User to access, view, store or reproduce the material for that User's personal use. The foregoing provisions of Section 5 are for the benefit of the Cartime Group Pty Ltd, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, advertising, photos, or communication facilities designed to enable User to communicate with others. User agrees to use such Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Services. By way of example, and not as a limitation, User agrees that when using the Services, User will not:
6.1 Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
6.2 Any automated use of the system, such as using scripts, is prohibited
6.3 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
6.4 Post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
6.5 Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
6.6 Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
6.7 Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
6.8 Advertise or offer to sell or buy any goods or services for any business purpose, without the Cartime Group Pty Ltd’s permission.
6.9 Download any file posted by another user cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
6.10 Restrict or inhibit any other user from using these Services.
6.11 Harvest or otherwise collect information about others, including email addresses.
6.12 Violate any applicable laws or regulations.
6.13 Create a false identity for the purpose of misleading others.
6.14 Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
The Cartime Group Pty Ltd has no obligation to monitor such Services. However, the Cartime Group Pty Ltd reserves the right to review materials posted on Cartime.com.au and to remove any materials in its sole discretion. The Cartime Group Pty Ltd reserves the right to terminate User’s access to any or all of the Services at any time, without notice, for any reason whatsoever. The Cartime Group Pty Ltd reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cartime Group’s sole discretion.
Materials uploaded to the web site Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information. The Cartime Group Pty Ltd does not control or endorse the content, messages or information found in any Services and, therefore, the Cartime Group Pty Ltd specifically disclaims any liability with regard to the Services and any actions resulting from User’s participation in any Services.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing the Cartime Group Pty Ltd with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify the Cartime Group Pty Ltd immediately of any unauthorized use of User’s account or any other breach of security. The Cartime Group Pty Ltd will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by the Cartime Group Pty Ltd or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
8.1 User expressly agrees that use of cartime.com.au is at user's sole risk. neither the Cartime Group Pty Ltd, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Cartime.com.au will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Cartime.com.au, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Cartime.com.au.
8.2 Cartime.com.au is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
8.3 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. User specifically acknowledges that the Cartime Group Pty Ltd is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
8.4 In no event will the Cartime Group Pty Ltd, or any person or entity involved in creating, producing or distributing Cartime.com.au, is liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use Cartime.com.au. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
8.5 In addition to the terms set forth above neither, the Cartime Group Pty Ltd, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects of the information contained within Cartime.com.au, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
8.6 Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
9. LINKS TO CARTIME.COM.AU
9.1 You are welcome to create links from your website to cartime.com.au. However, no Trade Mark or logo of cartime shall be used without prior written authorisation obtained from cartime.
10. LINKS TO THIRD PARTY SITES
The links in this area will let you leave Cartime.com.au site. The linked sites are not under the control of the Cartime Group Pty Ltd and the Cartime Group Pty Ltd is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Cartime Group Pty Ltd is not responsible for webcasting or any other form of transmission received from any linked site. The Cartime Group Pty Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Cartime Group Pty Ltd of the site. The Cartime Group Pty Ltd is a publisher of content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of Cartime.com.au, are those of the respective user(s) third party or distributor(s) and not of the Cartime Group Pty Ltd. Neither the Cartime Group Pty Ltd nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through Cartime.com.au represents the content of the respective information provider; the Cartime Group Pty Ltd neither endorses nor is responsible for the accuracy or reliability of any information, advertising or statement made on Cartime.com.au by anyone other than authorised Cartime Group Pty Ltd employee spokespersons while acting in their official capacities. Under no circumstances will the Cartime Group Pty Ltd be liable for any loss or damage caused by a User's reliance on information obtained through Cartime.com.au. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, offers or other content available through Cartime.com.au. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
The Cartime Group Pty Ltd shall have the right, but not the obligation, to monitor the content of the Cartime Group Pty Ltd site, to determine compliance with this Agreement and any operating rules established by the Cartime Group Pty Ltd and to satisfy any law, regulation or authorized government request. The Cartime Group Pty Ltd shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Cartime Group Pty Ltd sites. Without limiting the foregoing, the Cartime Group Pty Ltd shall have the right to remove any material that the Cartime Group Pty Ltd, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless the Cartime Group Pty Ltd, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Cartime.com.au by User or User's Account.
Either the Cartime Group Pty Ltd or User may terminate this Agreement at any time. Without limiting the foregoing, the Cartime Group Pty Ltd shall have the right to immediately terminate User's Account in the event of any conduct by User which the Cartime Group Pty Ltd, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for Cartime.com.au established by the Cartime Group Pty Ltd constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Australia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
15. COPYRIGHT AND INTELLECTUAL PROPERTY
15.1 For the purposes of this Agreement, Confidential Information means all information and materials belonging to cartime, in any form, which is not at the time of this Agreement or does not become after the date of this Agreement, lawfully in the public domain, which cartime provides to you or to which you gain access at any time and includes without limitation:
15.1.1 privileged communication between lawyers and their clients;
15.1.2 business and marketing information whether past, current or relating to future activities;
15.1.3 present or potential client, supplier or distributor information lists, including any personal information contained within those lists;
15.1.4 the terms of any contract, agreement or business arrangement with third parties;
15.1.5 trade secrets, licences, know-how, techniques or work methods, Intellectual Property Rights and related information;
15.1.6 third party information disclosed in confidence;
15.1.7 all information and materials created by any employees, contractors, nominees, agents, consultants or advisers of cartime; and
15.1.8 any other information and materials developed by you in the course of providing the Services or considered by cartime as confidential.
15.2 For the purposes of this Agreement, Intellectual Property Rights means all intellectual property rights throughout the world including rights in respect of:
15.2.1 copyright (including future copyright) and rights in the nature of, or analogous to, copyright;
15.2.2 trade marks and service marks;
15.2.5 any Confidential Information (including trade secrets and know-how); and circuit layouts, whether or not now existing, registered or registrable, and includes any right to apply for the registration and all renewals, extensions and revivals, of such rights
15.3 The cartime.com.au, Services, and all of the related products of cartime are subject to copyright. The material on cartime.com.au is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Site Content and compilation of the data and cartime.com.au (including text, graphics, logos, button icons, video images, audio clips, source code and software) are owned or controlled for these purposes by cartime and are reserved by cartime.
15.4 All software (including source code and object code) and software applications on cartime.com.au is Confidential Information and is considered a trade secret and know-how. You agree that during the course of these Terms you may become acquainted with or have access to Confidential Information. You agree to use the Confidential Information only in accordance with the Terms of this Agreement. You may disclose the Confidential Information only to your officers, employees and agents who specifically need to access the Confidential Information. If you disclose the Confidential Information to any person, you must also ensure that the person keeps the Confidential Information secret and confidential and does not use the Confidential Information for any purpose other than the purposes pursuant to the Terms of this Agreement.
15.5 You acknowledge that cartime owns all Intellectual Property Rights or rights of any sort in the Software and any document or things produced in the course of or in connection with the provision of the Services.
15.6 You hereby assign to cartime all presently existing and future Intellectual Property Rights in any material, including modifications, updates or enhancements to the Software, created by cartime in the course of or in connection with the provision of the Services.
15.7 Cartime retains all rights, title and interest in and to cartime.com.au and all related content. Nothing you do on or in relation to cartime.com.au will transfer any:
15.7.1 business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
15.7.2 a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
15.7.3 a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
15.8 cartime claims no ownership or control over any Site Content posted or displayed by you on or through cartime.com.au. You agree that you have obtained consent from the owner of any information you post on cartime.com.au prior to posting any information on cartime.com.au. You also agree that you or a third party licensor, as appropriate, retain all patent, trade mark and copyright to any Site Content you submit, post or display on or through cartime.com.au and you are responsible for protecting those rights, as appropriate.
15.9 You retain copyright and any other rights you already hold in Site Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Site Content you grant cartime a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Site Content which you submit, post or display on or through cartime.com.au.
15.10 You may not, without the prior written permission of cartime and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Site Content of, or create a derivative work from cartime.com.au for any purpose. This prohibition does not extend to materials on cartime.com.au which are freely available for re-use or are in the public domain.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
17. NEWS AND REVIEWS DISCLAIMER
The information on News and Reviews on these pages has been made available for general personal use only and is provided without any express or implied warranty as to its accuracy or currency. The Cartime Group Pty Ltd accepts no responsibility for the results of any actions taken on the basis of information on News and Reviews pages, nor for the accuracy or completeness of any material contained herein. The Cartime Group Pty Ltd expressly disclaims all and any liability and responsibility to any person in respect of the consequences of anything done or omitted to be done by such person in reliance, whether wholly or partially, upon this site.
Before relying on any information on this Internet site, users should seek confirmation from the originating or authorising body. You acknowledge that whilst Cartime Group endeavours to ensure that information on the Website and any related material provided to you by Cartime Group is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Cartime Group. You acknowledge that the information on the Website does not necessarily reflect the views and opinions of Cartime Group and that any material on this website should not be relied upon by you in making any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision. You acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by Cartime Group. No liability shall be accepted by Cartime Group for any inaccuracy or omission in the information provided on the Website or the Cartime Group Materials.
Cartime Group claims no credit for the images or products featured on this site. If you discover an image file on the site for which you are the copyright holder and you wish to have the file deleted and removed from our server, please email us and the file will be promptly removed.
18. REFUND POLICY
The Cartime Group Pty Ltd the respective owner of Cartime.com.au is a provider of online vehicle classified services designed to enable users to sell or buy their vehicle/s online. Whilst some of the offered services on Cartime.com.au are free of charge, premium options and Dealership Services will attract a fee. It is therefore applicable for the Cartime Group Pty Ltd to in cooperate a refund policy as part of its commitment to further improve functionality of its product and services
18.1 A Refund will be issued if:
18.1.1 After submission of ad/s your ad/s has not been listed on Cartime.com.au whilst:
18.1.2 It complied with Cartime.com.au Terms and Conditions
18.1.3 All required ad/s submission criteria have been followed
18.1.4 Cartime.com.au failed to provide reason for exclusion of your listing within 72 hours of submission
18.1.5 Failed to process the listing within 24hrs of submission
18.1.6 Cartime.com.au failed to comply with the given criteria of selected package
18.2 Refunds will NOT be issued for any of the following reasons:
18.2.1 You sell your vehicle through other means.
18.2.2 You change your mind about the selected listing.
18.2.3 Submission of Incomplete ad/s
18.2.4 Submission of Errors within the ad/s
18.2.5 You sold your vehicle before the listing expiry period.
18.2.6 You have not received inquiries about your vehicle.
Please contact email@example.com should you require additional information about this policy.