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Terms and Conditions

By visiting our website, requesting registration or by conducting business as a result of receiving emails (or faxes) we send to you, you are confirming that you have read and accepted all of the following terms and conditions:
 

  1. Definitions
     

  1. In these terms and conditions the following words have the following meanings:
     

  • Subscription Fee means the sum payable every month by you to us;

  • Us/We/Our means motortrademail.com.au

  • Advert(s)/Advertisements means all material displayed on the website or in emails or faxes sent from us to you. Advert also means any information provided by you to either our website or us

  • You or Member means a person, firm or company (collectively and/or individually as the context admits) that has been authorised the use of a username and password for accessing www.motortrademail.com.au

  • Username and password means the username and password issued to you to allow your business to access the website

  • Website means the website located at www.motortrademail.com.au

  • Licensed motor dealer / trader or wholesaler means a person(s) or business who carries on the business of buying, selling or exchanging motor vehicles and meets all legal requirements in their relevant state of Australia
     

  1. Acceptance of terms and conditions:
     

2.1. All registered members of our services must agree to the terms and conditions as set out below.

2.2. These terms and conditions may be amended in whole or in part by us at any time. Amendments will be effective immediately upon updating the terms and conditions of our website. Members are responsible for ensuring they are conversant with the latest terms and conditions. Members’ continued use of our website represents their agreement to be bound by the terms and conditions as amended.

2.3. It is acknowledged by members that we do not provide services to the general public and that any membership request from a non licensed member will be declined by us.
 

  1. Warnings
     

3.1. We provide an advertising & communication website, which provides a platform for members who wish to buy, sell or request motor vehicles or associated motor trade related items. We do not take any part in the sales of items other than by providing our website as a platform for members. We will not act as an agent for either party, and will not participate in any sale or transaction between you and other members.

3.2. You hereby accept that we have no liability in respect to any goods or services advertised on the website or which we send to members by fax and/or email. We accept no responsibility for any error or inaccuracy in any advert.  You hereby accept that it is your sole responsibility to satisfy yourself as to the quality and nature of any goods to be purchased by you; any contact between you and other members are conducted entirely at your own risk. In accepting our terms and conditions, you agree that we have no responsibility or liability for any misconduct, misrepresentation of any of its members, without limitation, members that have registered under false pretences, or who attempt to defraud you. We give no undertakings, representations or warranties in relation to motor vehicles listed on our website including:
 

a) the ownership of any motor vehicle;
b) the safety, description, photos, worthiness, quality or legality of the motor vehicle advertised;
c) the accuracy or truth of listings; or
d) that the motor vehicle will meet your requirements or expectations


3.3. Disclaimer: You expressly understand and agree that:


3.3.1. Use of our service is at your sole risk. The website and services are provided on an “as is” and “as available” basis. We do not warrant that the services provided will be uninterrupted, timely, and secure or error free or that any information provided on the website is correct or reliable. No advice or information that is obtained by you from us, or anyone else, shall form any warranty. Responsibility for the content of advertisements falls to the listing dealer exclusively, including hyperlinks to advertisers’ own websites. The placements of such advertisements on our website do not constitute a recommendation or endorsement of the advertised vehicle. Each advertiser is solely responsible for any representation made in connection with its listed vehicles.


3.4. Liability: You agree that, to the maximum extent permitted by law, any or all liability and responsibility of Motortrademail.com.au to you or any other person under or in connection with these terms or conditions, or in connection with the services, this website, another member’s acts or omissions, or your use of or inability to use, the services or this website is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.


3.5. Indemnity: You agree to release, indemnify and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your use of our services, your sale or attempted sale of an item or arising out of any content or item you submitted, post, transmit, comment or make available through our service.


3.6. Breach: Without limiting any other right and remedies available to us, we may limit your activities on the website, remove your listings, warn other members of your actions or other members may choose to block you from contacting them, issue a warning, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where we deem it appropriate.


3.7. Goods & Services: Third party trade (sellers):


3.7.1. Vehicle prices may not include government and statutory charges;

3.7.2. You are responsible for all relevant searches including, any written off vehicle register or register of security interests;
 

  1. Becoming a Member
     

4.1. You may only register as a member if you hold and provide to us a valid state issued motor dealer/trader or wholesale license and a valid ABN number, and can form a legally binding contract that is enforceable against you. By registering as a member you warranty that you can form a legally binding contract.


4.2. Accurate Information: By registering as a member of our website you warranty that you have provided completely accurate and current personal information. Members must maintain and update the personal information held by us to ensure it is kept current at all times. Our members must not register with multiple identities or personas, false or not. We can phone, email or mail you to verify these details. Motortrademail.com.au may at our sole discretion confirm presented valid state issued motor dealer/ trader or wholesale licenses provided to us at registration with the appropriate authorities to ensure appropriate compliance is met.


4.2.1. Updated License to the website: On acceptance of these terms and conditions, you agree that you will provide us within one (1) calendar month of your motor dealer/trader or wholesale license expiry date, your renewed valid state issued license. Failure to do this will be deemed as a breach of these terms and conditions.


 

4.3. Termination of the Membership: We reserve the right to decline registration or to terminate a website membership without entering into discussions with you. Without limiting the foregoing website may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

4.4. Security of Log-In Information: You are responsible for keeping your log-in information, including your website user name and password, secret and secure. Without limiting the foregoing, you agree: not to permit any other person to use your name or membership; and not to disclose or provide to any other person, your password, user name, email address or any other information that will allow them to gain access to your membership.

 

  1. General Rules
     

5.1. General:
 

a) All listings, advertisements or communications made through us shall be made in good faith.
b) You must not attempt to damage, interfere or harm the website or services, any network, system underlying or connected to them, including the use of a robot, spider, scraper or any other automated means to access the website or the information on it for any purpose.
c) All pricing must be quoted in Australian dollars and be GST inclusive unless otherwise stated. Any tax obligations are the responsibility of the seller and/or buyer (as the parties determine).
d) Membership to the website is only valid to the applicable motor dealer or wholesale license holder for the duration of the licenses validity; it is the members responsibility to ensure we have up-to-date copies of their license for audit purposes, failure to do so may result in membership suspension and membership is not transferable, and therefore cannot be sold or traded.
e) You must only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, transport methods and who bears the cost of transport . You will only place adverts for vehicles that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not legally in your possession. In the case of motor vehicles that are off shore or in transit to Australia, you must hold clear proof of ownership before being able to list the vehicle. You must also clearly indicate that such vehicles are off shore or in transit in the listing.
f) You must not use the services of the website to sell items that are of a speculative nature including, but not limited to pyramid, surf-for-free, or similar schemes.
g) Only prospective members who hold and can provide genuine copies of their current state issued motor dealer or wholesale license may join Motortrademail.com.au. Prospective members outside of these parameters are not permitted to use our service, including using the username of a licensed member.
h) Adverts are not pre-screened for content. We therefore reserve the right to remove any listings that we deem unsuitable or in breach of these terms and conditions.
i) Members may not link listings to a page outside the website unless that page directly promoted the sale of the item in the listing.
j) Members must promptly remove listed items and associated “website communication services” upon completion of the transaction.
k) It is the responsibility of the members to comply with any cross border selling

Legislations relevant to the state(s) in question.

l) All licensed motor dealers / traders or wholesalers must comply with their relevant state issued “motor dealers /traders act” and/or “code of conduct” whichever is most relevant in the said state, under the same guidelines as trading as a “licensed motor dealer/trader or wholesaler” in the said states:

 

5.1. l) New South Wales

5.1 .l) Victoria

5.1 .l) Queensland

5.1 .l) South Australia

5.1 .l) Tasmania

5.1 .l) Western Australia

5.1 .l) Northern Territory

5.1 .l) ACT

 

 

  1. Fees and Accounts
     

6.1. Motortrademail.com.au charges a fee for the use of the website as a communication and advertising platform.

6.2. We reserve the right to change its fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective from launch of that service, unless otherwise stated.

6.3. All fees must be paid immediately upon demand by us.

6.4. Motortrademail.com.au operates a user account through which all payments must be made in advance of you utilising the service. If membership is terminated, you must give us one (1) calendar months notice, in writing via email only to accounts@motortrademail.com.au, within business hours, from day of notice. If your membership is removed due to the breach of our terms and conditions, it is at our discretion as to whether you are eligible for a refund.

6.5. Members selecting a paid advertising package and setting up a payment schedule prior to the initial free trial, will still receive the free trial with no charge as noted on payment reference page prior to proceeding to payment screen; however if you choose to cancel your membership without incurring charges, you must notify us by email to accounts@motortrademail.com.au no later than 3 business days before the free trial period completes to ensure no payment is taken. For notifications of cancellation of membership on or after the first business day post the free trial period, this will be subject to clause 6.4.
 

  1. General Provisions
     

7.1. System Integrity: We will use our reasonable endeavours to ensure the availability of the website and services, subject to any downtime required for maintenance. However, we take no responsibility for system or links to third party websites unavailability, or for any loss that is incurred as a result of the website or service being unavailable. Further, Motortrademail.com.au assumes no responsibility for the corruption of any data or information held by our website or links to third party websites.


7.2. Resolution of Disputes: As we are not party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve us in any dispute or in the resolution of disputes that arise between you and another member, as a result of the services provided.


7.3. Force Majeure: We have no liability for any lack of performance, unavailability or failure of the services or the website or for any failure of the website, including any links to third party websites to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of motortradeamail.com.au.


7.4. No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.


7.5. Partial Invalidity: If any provision of these terms and conditions becomes invalid, illegal, and unenforceable and in any respect, the provision shall be severed from the remaining terms and conditions which will continue in full force and effect.


7.6. Governing Law: This Agreement is governed by and construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State of Australia. You submit to the non-exclusive jurisdiction of the Courts of Australia.


7.7. Copyright, Trademarks and Intellectual Property: Material on our website is © mototrtrademail.com.au 2011. All rights reserved. Unless otherwise indicated on our website, the adverts on our website are owned by motortrademail.com.au and are subject to copyright (the "Copyright Material"). You may:
 

  1. Only copy the Copyright Material for the purpose of browsing our website or making a copy of an advert for your own personal & private use, provided that such use constitutes fair use under the Copyright Act;
  2. Not alter or modify the Copyright Material or remove any legal notice associated with it.
     

7.7.1. We own all proprietary, copyright and intellectual property rights including the website, text, graphics, logos, icons, programming scripts, software and any other material underlying and forming part of the services provided by us.
 

7.7.2. You may not, without our prior written permission, in any form or by any means:
 

1. Adopt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our website; or

2. Commercialise, copy or on-sell any information derived from our website.


motortrademail.com.au services referenced herein are trademarks or registered trademarks of motortrademail.com.

7.9. Entire Agreement: These terms and conditions supersede all previous conditions, understandings, commitments, representations and agreements, whether oral or written, and constitute the entire agreement, between the parties, relating to the subject matter of these terms and conditions.


7.10. Email contact: Where our website allows you to forward or receive emails to a third party:
 

You warrant that the person to whom the email is addressed or forwarded to has consented to the email being sent; and indemnify us, its servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.


7.11. Website Communications Services: We may provide you with the ability to communicate with us, Buyers & Sellers and other advertisers, electronic requests and enquires, member only online forums, inbound phone number services and other forms of electronic messaging (Communications Services).
 

On your acceptance of these terms and conditions you hereby agree to receive from us any relevant "Communications Services" with regards to member services or potential future services.

You acknowledge that some "Communications Services" may be public and not private communications. Further, you acknowledge that "Communication Services" should not be considered reviewed, screened, or approved by us.

Use of the "Communications Services" is provided on condition that you do not do any of the following:
 

  1. transmit any information or material which is knowingly incorrect, misleading or deceptive;

  2. transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;

  3. use the "Communications Services" for any unlawful purpose;

  4. post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights.

  5. upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

  6. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

  7. advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by us.

  8. download any file posted by another user of the "Communications Services" that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
     

Excessive use the "Communications Services" in a manner which may hinder or prevent the website from providing services to any other persons or which may threaten the integrity or use by any person of the website; authorise, aid, abet encourage or incite any person to do any of the above acts. We may, but have no obligation to do so, review the use of the "Communications Services" by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the "Communications Services".