Terms and Conditions

USER AGREEMENT

Welcome to 1300cardeals.com.au, Australia's own online motor vehicle trading community. This Agreement describes the terms and conditions that govern your use of our services at 1300cardeals.com.au, "the site".

1 ACCEPTANCE OF TERMS AND CONDITIONS

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of 1300cardeals.com.au. By registering with 1300cardeals.com.au you accept these terms on which 1300cardeals.com.au offers you access to the services and the web site. We strongly recommend that, as you read this User Agreement you also access and read information contained in the other pages and website referred to in this document as they may contain further terms and conditions which apply to you as a 1300cardeals.com.au member.

We may amend this Agreement at any time at our discretion by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. If you do not agree with such amendments, you must terminate your membership of 1300cardeals.com.au . This Agreement may not be otherwise amended except in writing signed by you and 1300cardeals.com.au REGISTRATION

Becoming a member is free. You undertake to register for the 1300cardeals.com.au services using your correct name address and any other requested details. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age or to temporarily or indefinitely suspended 1300cardeals.com.au members. If you do not qualify, please do not use our services. Further your 1300cardeals.com.au account (including feedback) is personal to you; membership and User Id may not be transferred or sold to another party.

(1) Termination of membership/registration

1300cardeals.com.au reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, 1300cardeals.com.au may terminate your membership if a serious complaint is 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 their aliases disabled

(2) Security of your login information

You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

1. Not to permit any other person to use your user name or membership; and

2. Not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership.

3 FEES AND SERVICES

There is no cost for private sellers to place an ad on 1300cardeals.com.au. Your online private seller’s ad will stay live on carsupermarket.com.au for a period of 14days from the date it is posted. We may change the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least (14) days notice of the changes by posting the changes on the site. We may at our sole discretion change some or all of our services at any time. In the event we introduce a new service the fees for that service are effective at the launch and publication of the service. Unless otherwise stated all fees are quoted in Australian Dollars.

4 GENERAL TRANSACTION ISSUES

(1) Relevant Content

The contents or statements posted by sellers in their listings or otherwise must be directly relevant to the subject matter of the Transaction, and not relate to anything else. For example, such statements must not be used as a means of general communication with one or more other Members and may not be used to advertise or promote anything which is not the subject of the specific transaction. If you include a hypertext link to another site in a Listing, the linked site must satisfy this relevancy test: but in any event, you acknowledge that we will be entitled to remove, or require removal of any such links at our discretion.

(2) Sellers legal ownership

By including any subject-matter in a listing (an item), you assert that you are legally entitled to pass ownership in that item.

(3) Accuracy of Listing

Your descriptions must be true and accurate for each item you provide for inclusion on the 1300cardeals.com.au website and you are liable for any errors or omissions in your description. You must ensure that any items listed for sale are in fact available for sale. Any brand name or other indication or origin or manufacture which you include in the listing must be completely accurate, and not capable of misleading any Member.

(4) Prohibitions

As a seller, you are responsible for ensuring that the sale of any Item, the Listing itself, and all activity or communication (including any posting or a Member Rating) you make in connection with any Transaction will not (a) be capable of infringing the intellectual property or other rights of any person or entity, (b) breach any applicable law, whether criminal, tortious or otherwise, or (c) be offensive, obscene, or pornographic, insulting, false, unreliable or misleading.

You must not attempt to damage, interfere or harm the web site or service, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site information feature on it for any purpose.

(5) Your Obligations as a seller

1. Sellers must be located in Australia.

2. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment term, shipping methods and who bears the costs of shipment. You must list an item in one category only which must be the most appropriate category for you item.

3. You will only place listings for vehicles that exist and are currently available to be sold. You will not list vehicles that you are not legally entitled to sell or that are not in your possession.

(6) Your obligations as a buyer

1. You must be located in Australia to buy on 1300cardeals.com.au. You must make full and prompt payment for an item bought by you.

(7) Correct Use of Categories

You must place a Listing only in the 1300cardeals.com.aut category into which the Item in question naturally fits (and not in any other categories). Where appropriate in 1300cardeals.com.au sole discretion, and subject to the possible payment of additional charges which may be notified to you at the time, you may be permitted to place a Listing in more than one such category.

(8) Seller's Terms and Conditions

It is the Seller's obligation to communicate to actual or potential buyers all of the contractual terms and conditions which apply to any transaction.

(9) 1300cardeals.com.au Intellectual Property

You acknowledge that all content and data, copyright, trade marks, and other intellectual property in and relating to 1300cardeals.com.au are owned by 1300cardeals.com.aut. You must not use 1300cardeals.com.au intellectual property, except to the extent necessary to create Listings, engage in transactions, and conduct other activities, in the manner provided for in this agreement.

(10) No Warranty

1300CARDEALS.COM.AU AND OUR SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITON, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW. 1300CARDEALS.COM.AU AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY FITNESS FOR A PARTICUALR PURPOSE AND NON-INFRINGEMENT. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside our control.

(11) Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

(12) Legal Compliance

You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our services and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. Specifically, you must ensure that your activities, items you list, and Your Information you post on our Site do not violate the BROADCASTING SERVICES ACT 1992 (Cth), the TRADE PRACTICES ACT 1974(Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you please refer to http://www.austlii.edu.au Notwithstanding the successful conclusion of a transaction on our Site, you must ensure strict compliance with any particular formalities which if not complied with, will either render a transaction void or unlawful. YOU ALONE AND NOT 1300CARDEALS.COM.AU, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS USER AGREEMENT AND THE PRIVACY POLICY INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.

(13) No Agency

You and 1300cardeals.com.au are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

(14) Arbitration

Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling of the arbitrator. The costs of the dispute are borne by the originator.

(15) Liability Limit

These terms and conditions are subject to warranties and liabilities that cannot by law be disclaimed and 1300cardeals.com.au liability for any breach of such condition in relation to supply by it of services to users is limited to, at 1300cardeals.com.au option, supply of the service again or the payment of the cost of supplying the service again.

(16) General

This Agreement shall be governed in all respects by the laws of the State of Queensland and the Commonwealth of Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by 1300cardeals.com.au, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 3 (Fees and Services) with respect to fees owed for our services, 4 (9) (1300cardeals.com.au Intellectual Property), 4 (11) (Indemnity), 4 (14) (Arbitration) and 4 (15) (Liability Limit) shall survive any termination or expiration of this Agreement.