Please read this agreement carefully and completely before using this site. By entering this site or the links accessible through this site, you expressly agree to be bound by this agreement. The information and the resources contained on and accessible through this site are made available by carsupermarket.com.au, and/or its suppliers and vendors, and are subject to your agreement to their terms and conditions.
Website Terms and Conditions
1. Use of Information and Resources2. Copyright Notice
1.1. carsupermarket.com.au makes this site available for the sole purpose of providing general information on related topics and providing Internet access and search engines to identify various resources, products and services listed on the Web site and through our partner network.
1.2. This site may not be used as a supplement or alternative for services, and is not intended and does not warrant or guarantee the quality or quantity of any services of any of the advertisers identified; further, the information provided is merely for educational and informational purposes, and its accuracy is not guaranteed. Do not use this site as a substitute for precise information or advice.
1.3. Please consult with our advertisers directly regarding any further information or questions you may have. This site is not maintained by the products and or service providers displayed and may not be used for advice. Do not use this site to disregard any other advice, nor to delay seeking advice or representation, because of something you read or see in this site.
1.4. You understand and agree that neither carsupermarket.com.au nor its suppliers or vendors or linked web sites, domain names or URL's are responsible or liable for any claim, loss, or damage, of any kind, directly or indirectly resulting from your use of this site or the information or the resources contained on or accessible through it.
1.5. carsupermarket.com.au expressly disclaims any implied warranty or representation about the information or accuracy, relevance, timeliness, completeness, or appropriateness for any particular purpose of any kind.
1.6. Your use of this site is also subject to all additional disclaimers and caveats that may appear throughout the site.
1.7. By using this site, you expressly agree to be bound to the foregoing terms and conditions.3. Links to Other Internet Sites
2.1. All rights reserved. carsupermarket.com.au makes this Web site available free to all consumers for the sole purpose of providing general information on related issues and to provide Internet access to related resources.
2.4. All materials on this server and this Internet site, including the site's design, layout, and organization, are owned and copyrighted by carsupermarket.com.au, or its suppliers or vendors, and are protected by Australian and international copyrights.
2.5. Only your personal use of such materials is permitted, which means that you may access, download, or print such materials for your personal use only. Commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this site or any site accessible through this site, or through any other carsupermarket.com.au properties. Any requests for carsupermarket.com.au's permission to publish, copy, reproduce, distribute, transfer, or otherwise use any materials contained in the web site should be directed through our enquiry form.4. Disclaimer of Warranty
3.1. This site also includes links to other external Internet sites created and/or maintained by carsupermarket.com.au's suppliers, vendors, affiliates, or subscribers. Be aware that carsupermarket.com.au does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on these or any other Internet sites.
3.2. Further, the inclusion of these links is merely for your convenience and is not intended and does not reflect carsupermarket.com.au's opinion on the accuracy or the importance of these other sites; further, carsupermarket.com.au does not endorse in any manner any of the views expressed in, or products or services offered by this or these other sites.
3.3. All information in any carsupermarket.com.au site, or associated or linked site, is extracted, read, used, or relied upon by you at your own risk.5. Limitation of Liability
4.1. carsupermarket.com.au and its suppliers and vendors disclaim all express or implied representations or warranties with regard to the information, services, products, materials, and any other resources contained on or accessible through this site, including without limitation any implied warranties of merchantability or fitness for a particular purpose. All information provided by carsupermarket.com.au is made available "as is" and "as available" without warranty of any kind, or any express or implied promise, including, by way of example, its continuing availability.6. Indemnification
5.1. To the maximum extent permitted by applicable law, in no event shall carsupermarket.com.au or its suppliers or vendors be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss, which by way of example, includes loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the use or performance of this site, with the delay or inability to use this site, or with the provision of or failure to make available any information, services, products, materials, or other resources contained on or accessible through this site, even if advised of the possibility of such damages.
5.2. With respect to products, goods, or services purchased from any entity identified, listed, named or contacted through carsupermarket.com.au web sites, or any links to carsupermarket.com.au's web site, in no event shall carsupermarket.com.au be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages.
5.3. You acknowledge and agree that the limitations set forth above are elements of this agreement, and that this site would not be provided to you absent such limitations.
6.1. You agree to indemnify, defend, and hold harmless carsupermarket.com.au and its suppliers and vendors from any liability, loss, claim, and expense (including reasonable solicitors' fees) related to your violation of this agreement or use of this site in any manner.
6.2. Your use of this site shall constitute your acceptance of the terms of this Agreement, as revised and modified, if any, each and every time you access this site. carsupermarket.com.au may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement.
Advertising Services Terms and Conditions
1. Acceptance of Terms1.1. All Advertisers agree to be bound by the Terms & Conditions set out on www.carsupermarket.com.au, terms and conditions agreed to over the phone or in person as well as these additional terms and conditions, as applicable.
1.2. The terms that apply to your Contract and Service are set out in:1.2.a. these terms including any attachments;1.3. These Advertising Products Terms and Conditions supersede any terms and conditions previously issued, whether it be in writing, verbally or on www.carsupermarket.com.au, or otherwise issued by carsupermarket.com.au.
1.2.b. the approved and authorised order form or equivalent contract, over the phone or in with a sales person or otherwise;
1.2.c. where applicable; the commercial credit application;
1.2.e. any advertising rules and/or guidelines which apply to your Service; and
1.2.f. any equivalent approved and authorised document received by carsupermarket.com.au.
1.4. carsupermarket.com.au, in its sole discretion, may vary these terms and conditions at any time without notice.
2. Changes to the Contract, Product or Terms2.1. Modifications or revisions of the Advertising Products Terms and Conditions can be made any time by carsupermarket.com.au without any prior warning or notice.
2.2. You should check the terms and conditions from time to time so you are aware of any changes to the site and services.
2.3. The changes will be effective as soon as they have been posted on the Website.
2.4. Your continued use of carsupermarket.com.au after any modifications indicates you have accepted the new terms and conditions.
3. Term of Advertising Contract3.1. The Contract begins on the date the approved and authorised order form, credit terms, verbal agreement with a sales person or equivalent contract is received by carsupermarket.com.au.
3.2. The Contract will continue for the period set out in the order form or equivalent contract, or if no period is specified, will continue automatically for successive follow-on terms unless and until it is terminated in accordance with clause 6.
4. Advertiser Material or Content4.1. Advertiser is responsible for uploading and maintaining any and all relevant material (Advertiser Material or Content) for use on the Website, in accordance with any requirements of carsupermarket.com.au including as to deadlines, delivery formats and specifications
4.2. carsupermarket.com.au will determine the utilisation of all keywords, categories and other material used to describe or categorise a business listing for all purposes relating to the Directory.
4.3. carsupermarket.com.au takes no responsibility for any of the Advertiser Material or Content.
4.4. carsupermarket.com.au may remove, revise or refuse to publish any Advertiser Material or Content.
4.5. carsupermarket.com.au reserves the right to include or exclude entry to, or remove a business from, the site and the directory or classifieds at any time, for any reason whatsoever and without any liability to carsupermarket.com.au;
4.6. The Advertiser acknowledges and agrees that carsupermarket.com.au may provide the Directory from time to time to other commercial enterprises including for publication and syndication on another website. carsupermarket.com.au does not warrant that the Advertiser's listing in the Directory will be published or continue to be published on an internet site that is a distribution partner of carsupermarket.com.au. The Advertiser acknowledges and agrees that:4.6.a. carsupermarket.com.au is not liable to the Advertiser for any claim for loss or damage arising from the publication or non-publication of the Advertiser's listing or Advertiser Material or Content on such internet sites; and
4.6.b. The failure of an internet site to publish or continue to publish the Advertiser's listing or Advertiser Material in any form will not affect the parties rights and obligations under this Contract;
4.6.c. carsupermarket.com.au retains the right to change its distribution partners from time to time and gives no warranty that the Advertiser's listing or Advertiser Material or Content will be distributed by any particular distribution partner for any particular period.
5. Fees and Charges5.1. Invoicing and payment:5.1.a. Upon receipt of the approved and authorised order form, online registration/application, commercial credit application, verbal agreement with a sales person or equivalent contract by carsupermarket.com.au, the Advertiser will be issued with a tax invoice inclusive of GST. Payment is required as set out in clause 5.1.f
5.1.b. The Advertiser must pay all fees and charges as set out in an approved and authorised order form, as stated over the phone or in person by a sales person or equivalent contract upon receipt of a tax invoice on the payment dates set out in that document.
5.1.c. carsupermarket.com.au reserves the right to make changes to the prices at any time, on 30 days notice to the Advertiser
5.1.d. The Advertiser acknowledges that the fee and other charges are inclusive of GST. GST is charged at a rate of 10%. If the rate of GST changes, this will simultaneously be reflected in the charges payable by the Advertiser and the Advertiser agrees to pay this increase from the changed date.
5.1.e. The Advertiser is expected to adhere to the payment terms and payment method agreed to on the order form, as agreed to over the phone or in person with a sales person, or equivalent document.
5.1.f. Payment methods and payment terms accepted by carsupermarket.com.au are as follows: credit card and direct debit are payable in full on day of invoice; cheque and electronic funds transfer are strictly 7 days from date of tax invoice and may incur a processing fee of .50
5.1.g. Should the Advertiser elect to pay by credit card then carsupermarket.com.au reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original processing transaction is unsuccessful. The Advertiser acknowledges that it is solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.
5.1.h. Should the Advertiser's account exceed carsupermarket.com.au's payment terms and be passed on for collection and or legal action, all costs including debt collection, commission, solicitor's fees and any out of pocket expense will be the liability of the Advertiser.
5.1.i. If the Advertiser at anytime exceeds carsupermarket.com.au's payment terms and as a result is passed on for collection and or legal action carsupermarket.com.au may place a default against the Advertiser with a credit reporting agency.
5.2. If at any time during the initial term or follow-on term there are insufficient funds in the Advertiser's credit card account or the bank account (as the case may be) to cover all fees or charges when they are due, or any other agreed method of payment (e.g. cheque) provided by the Advertiser is dishonoured or reversed, the Advertiser is in breach of this Contract and carsupermarket.com.au, without notice to the Advertiser and without affecting any other rights, may terminate this Contract according to clause 6 and/or suspend provision of the services.
6. Cancellation Policy6.1. If the Advertiser wants to terminate their Contract, then the Advertiser must do the following:6.1.a. Give one (1) month written notice for monthly services.
6.1.b. The Advertiser acknowledges that any cancellation request for any enahnced (Premium, Deluxe or Standard) Listing or banner that is cancelled at any time during the 12 month (annual) contract, the total purchase price remains due and payable.
7. Termination of Contract7.1. This Contract may be terminated in the following ways:7.1.a. At any time the Advertiser and carsupermarket.com.au agree in writing;7.2. Nothing prevents carsupermarket.com.au from taking any action necessary to recover unpaid fees and charges. At which time all costs including debt collection, commission, solicitors fees and any out of pocket expense will be the liability of the Advertiser.
7.1.b. By one (1) month written notice from either party to the other;
7.1.c. By carsupermarket.com.au without notice if:7.1.c.i. the Advertiser (being an individual) is declared bankrupt; or
7.1.c.ii. any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency (e.g. action is commenced for carsupermarket.com.au to be wound up or placed in liquidation) or if the Advertiser is a person then similar events occur which indicate bankruptcy; or
7.1.c.iii. clause 5.2 is invoked at which time all outstanding fees and charges will be immediately due and payable.
7.3. If the Advertiser at anytime exceeds the companies payment terms and as a result is passed on for collection and or legal action carsupermarket.com.au may place a default against the advertiser with a credit reporting agency.
8. Liability and Indemnity8.1. If carsupermarket.com.au is the cause of any error or omission in the Advertiser material or content and the Advertiser suffers loss or damage as a result, carsupermarket.com.au's maximum liability to the Advertiser will be a refund of fees, the amount of the refund being calculated on a pro rata basis with reference to that period of the relevant term during which the error or omission was displayed as a proportion of the entire term for which fees and charges were paid by the Advertiser for services in relation to that Advertiser material or content.
8.2. The Advertiser indemnifies carsupermarket.com.au against any successful claim by any third party against carsupermarket.com.au in respect of any matter arising from the operation, use, transfer of data or money to and from carsupermarket.com.au by the Advertiser.
8.3. By lodging material including electronic material or data for publication or authorising or approving the publication of any material with carsupermarket.com.au, the Advertiser indemnifies carsupermarket.com.au and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and,
8.4. Without limiting the generality of the above, Advertisers and or advertising agencies indemnify carsupermarket.com.au and its directors, employees and agents against any claims arising from:8.4.a. defamation, libel, slander of title;8.5. Advertiser indemnity: The Advertiser indemnifies carsupermarket.com.au for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material.
8.4.b. infringement of copyright;
8.4.c. infringement of trade marks or names of publication titles;
8.4.d. unfair competition;
8.4.e. breach of trade practices, privacy or fair trading legislation; and
8.4.f. violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights.
8.6. No Advertiser assignment: The Advertiser may not assign its rights or obligations under any agreement with carsupermarket.com.au without the prior written consent of carsupermarket.com.au.
9. Intellectual Property9.1. All intellectual property in relation to material included on the Website belongs to carsupermarket.com.au or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.
9.2. Apart from fair dealing permitted by the Copyright Act 1968, carsupermarket.com.au grants Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
9.3. Maps and map data:9.3.a. All content and material on carsupermarket.com.au relating to the maps included on or linked to the Website are the copyright of the mapping provider.
9.3.b. Except as expressly permitted by these terms and conditions, the User (including Advertisers) may not re-use, export, transmit, duplicate, or publish the map data in any way (whether electronic or on paper) without the express written permission of carsupermarket.com.au.
10.2. Disclosure Statement:10.2.a. carsupermarket.com.au collects your personal information to assist us in providing the goods or services you have requested, to process your competition entries, and to improve our products and services. We or any of our Australian related companies may be in touch by any means (including email or SMS) to let you know about goods, services, or promotions which may be of interest to you. We may also share your information with other persons or entities who assist us in providing our services, running competitions or with other companies who provide prizes for competitions or offers.
11. General Notices11.1. Severability of some clauses: If any part of these terms and conditions are unenforceable the remainder will not be affected.
11.2. Jurisdiction: Advertisers acknowledge that all correspondence concluded on the Website and all online, telephone and direct contact activities in relation to the Website are made and concluded in Victoria. These terms and conditions shall be governed by the laws of the state of Victoria. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
11.3. Any notice to be served to carsupermarket.com.au under this Contract must be served personally by post, facsimile or email to carsupermarket.com.au at:carsupermarket.com.au
Attention: Customer Service Department
806 Sturt St
Ballarat. Vic. 3350
Phone: 1300 227 332
carsupermarket.com.au's failure to insist upon strict enforcement of any provision(s) of this agreement shall not be construed as a waiver of any provision or right.
This agreement and the resolution of any dispute related to this agreement or this site shall be governed by and construed in accordance with the laws of Victoria, without giving effect to any principles or conflicts of law. Any legal action or proceeding between carsupermarket.com.au or its links, suppliers or vendors and you related to this agreement or this site shall be brought exclusively in a state or federal court of competent jurisdiction sitting in the state of Victoria.