广告使用条款

These terms and conditions ("Terms") govern all Advertisers (defined as "Advertiser", "you" and "your") that:
 
   - acquire services from Smartace Group Pty Ltd;
   - have placed an advertisement on www.CarHome.com.au (the "Site" or "CarHome.com.au website"); or
   - have utilised any features of the Site.
 
Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with the Terms.
 
The Site is owned and operated by Smartace Group Pty Ltd (ABN 60 453 620 140) defined as ("CarHome.com.au", "we", "us" and "our").
 
Your continued use of this Site, including without limitation, your posting of an advertisement on the Site, will be deemed as acceptance of these Terms by you.
 
VARIATION OF THESE TERMS
CarHome.com.au may vary these Terms at any time. If CarHome.com.au varies these Terms, it will provide notice by publishing the varied Terms on the Site.
 
You accept that by doing this, CarHome.com.au has provided you with sufficient notice of the variation to its Terms.
 
PAYMENT
•    You agree to pay for CarHome.com.au's services in the manner specified by CarHome.com.au from time to time.
•    CarHome.com.au reserves the right to change, from time to time, the prices it charges for the services. You agree to pay the prices stated at the time you purchase the services.
•    All prices quoted for CarHome.com.au's services are GST inclusive.
•    All amounts owing to CarHome.com.au must be paid at the time of purchase unless CarHome.com.au has consented otherwise.
•    No refunds can be given once the order is submitted and payment has been received.
•    You are obliged to pay for the services that CarHome.com.au agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide CarHome.com.au with the necessary materials or information for CarHome.com.au to deliver these services to you, you are still liable to CarHome.com.au for full payment.
•    If you do not pay your account on time, CarHome.com.au may disable your account without notice and refuse to supply further services to you.
•    You agree that pursuant to the Privacy Act 1988 (Cth), CarHome.com.au may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purposes of assessing any commercial credit application made by you and collecting overdue payments relating to commercial credit owed by you.
•    You agree that CarHome.com.au may disclose this information to a credit reporting agency or any other interested person.
 
INTELLECTUAL PROPERTY RIGHTS
CarHome.com.au retains all intellectual property rights contained in any of the goods and services provided to you by CarHome.com.au.
 
LIMITATION OF LIABILITY AND DISCLAIMER
CarHome.com.au provides no warranty to you that services generally available through the Site will be uninterrupted or error free. To the maximum extent permitted by law, CarHome.com.au, its officers, employees, agents and contractors will not be liable in any way to you or anyone else for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss of profit, loss of corruption of data, business interruption, the loss of data or information or indirect costs, even if we are informed of their possibility), however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site. CarHome.com.au agrees to use its reasonable endeavours to ensure that any disruptions to or a denial of access to the CarHome.com.au website will be remedied as quickly as possible.
 
In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
 
CarHome.com.au makes every effort to avoid errors in advertisements it has agreed to post to the CarHome.com.au website. However, CarHome.com.au accepts no responsibility or liability for any errors and requires you to check your advertisements for errors as soon as they are placed on the CarHome.com.au website. All reasonable efforts will be undertaken by CarHome.com.au to edit errors brought to CarHome.com.au's attention as soon as reasonably possible.
 
CarHome.com.au agrees to use reasonable efforts to publish advertisements in the shortest possible time.
 
CarHome.com.au cannot and does not guarantee or warrant to the you that files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
 
CHANGES TO THE SITE 
CarHome.com.au may, at any time, without notice nor liability to you:

•    alter the functionality and/or appearance of its products and services available from CarHome.com.au or the CarHome.com.au website itself, including but not limited to advertisements on the CarHome.com.au website and/or as they are represented on mobile communication devices; and

•    perform maintenance on or in respect of the CarHome.com.au website to ensure its satisfactory operation, which maintenance may affect the availability or functioning of the Site.
 
YOUR OBLIGATIONS 
You warrant and agree that:
•    you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
•    advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
•    all files delivered to CarHome.com.au will be free of infection or viruses;
•    you will not use the Site for any illegal purpose;
•    you will not use the Site or any features of the Site to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, abusive violent, obscene, invasive of another's privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to CarHome.com.au, the Site users or persons generally; and
•    if you have engaged a third party provider to obtain data and/or obtain services from the Site on your behalf, you understand that a breach of these Terms by that provider will be deemed to be a breach of the relevant Terms by you, and CarHome.com.au will have the right to take action against you on account of that breach (even if you had no knowledge of, and no involvement in, the said breach).
 
To enable you to utilise CarHome.com.au's services, you will be provided with one or more password protected accounts (as CarHome.com.au deems appropriate). You are obliged to monitor the usage of those accounts and will be liable for any services purchased through their use.
 
You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without CarHome.com.au's prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
 
You indemnify and will keep indemnified CarHome.com.au, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by CarHome.com.au in connection with:
•    any breach of these Terms by you;
•    any negligent act or omission by you;
•    the listing or proposed listing of any advertisement by you on the Site or any related site; or
•    an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of your advertisement appearing on the Site.
 
You agree at all times to deal with any information or products provided by CarHome.com.au or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
 
Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
 
You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without CarHome.com.au's prior written approval.
 
You may not post any pyramid scheme on the CarHome.com.au website nor ask or require any CarHome.com.au user to pay a fee, charge, cost or any money whatsoever to make an enquiry about an advertisement on the CarHome.com.au website. Such fees, charges, costs or monies may not be asked or required of the CarHome.com.au user in the advertisement itself nor in any communication with the CarHome.com.au user that takes place as a result of an advertisement placed on the CarHome.com.au website;
 
You may not use any feature of the CarHome.com.au website to send unsolicited commercial email to others, whether individually or as a group. Any tools made available by CarHome.com.au or used in connection with the CarHome.com.au website may only be used to communicate with others about the specific advertisements they have posted to the CarHome.com.au website or the advertisements to which they have responded. Database tools may only be used to communicate with others about specific listings which match your preferences.
 
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to CarHome.com.au without CarHome.com.au's prior written approval.
 
MISUSE OF DATA, AND ON-SELLING 
You may not under any circumstances provide any personal information of CarHome.com.au users you have obtained through your use of the Site to any other party, including to any affiliate or related party of yours (unless CarHome.com.au or the CarHome.com.au user has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
 
CarHome.com.au takes its obligations under the Privacy Act 1988 extremely seriously, and is resolute in its determination to prevent the misuse of personal data. If CarHome.com.au believes that you have misused personal data obtained through the use of the Site for any reason, CarHome.com.au reserves the right to:

•    immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received personal information from you in breach of these Terms;
•    report any potential contraventions of the Privacy Act 1988 (Cth) by you to the relevant authorities, including the Office of the Australian Information Commissioner; and/or
•    take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
 
PLACING ADVERTISEMENTS 
You must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
•    Competition and Consumer Act 2010 (Cth);
•    Fair Trading Acts in all applicable States and Territories;
•    Privacy Act 1988 (Cth) including the National Privacy Principles;
•    Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
•    all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business. If you have obtained an exemption to comply with such legislation, you must include the exemption number in the advertisement submitted to CarHome.com.au.
 
You are not permitted to insert links to an external website or an externally hosted application form within the details of an Advertisement (including from the apply functions) without CarHome.com.au's express written approval which may be granted withheld or withdrawn at CarHome.com.au's discretion.
 
You may only post an advertisement to the Site that is a genuine listing for which you are currently seeking a purchaser at the time of posting. CarHome.com.au reserves the right to request any information from you that it deems necessary to verify that a genuine listing exists. If you fail to provide this information within a reasonable time following such a request, CarHome.com.au reserves the right to (at its discretion):
•    immediately suspend your advertisement and/or account;
•    terminate your account; and/or
•    take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
 
You may not post advertisements to the Site to any location outside of Australia without CarHome.com.au's express written approval. CarHome.com.au reserves the right to charge you our then applicable standard casual rate for any advertisement posted to any such location in breach of this clause.
 
You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
 
Advertisers must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. CarHome.com.au reserves the right to amend, alter or remove any information that does not meet this requirement.
 
CarHome.com.au reserves the right and Advertisers must accept as a condition of advertising on the Site, CarHome.com.au's right to re-classify advertisements posted to the Site, entitling CarHome.com.au to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
 
Advertisements are valid as per your membership or listing package, although you can choose to expire the advertisements earlier.
 
The following actions constitute a new/additional advertisement for which you will be charged:
•    reposting an archived or deleted advertisement; and
•    extending an advertisement unless you choose to expire the advertisement earlier and this can occur on multiple occasions
 
PRIVATE ADVERTISER 
If you utilise the "Private Advertiser" Function then the following clauses apply to you:
 
At the time of collection of a CarHome.com.au user's personal information, or as soon as practicable thereafter, you warrant to CarHome.com.au that you will:
•    advise the CarHome.com.au user (by way of notice in writing) that any personal information you collect about them will be held, used and disclosed in accordance with your privacy policy; and
•    make a copy of your privacy policy available to the CarHome.com.au user.
 
From time to time CarHome.com.au receives requests from CarHome.com.au user regarding personal information collected by Advertisers. Where CarHome.com.au receives such a request from a CarHome.com.au user whose personal information you have received, we will pass such request on to you. You warrant to CarHome.com.au that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm such compliance to us.
 
You agree to indemnify and hold CarHome.com.au harmless against any loss or damage whatsoever that CarHome.com.au may incur, including but not limited to any civil penalties which may be imposed, as a result of:
•    a failure by you to comply with clauses;
•    a breach of the Privacy Act 1988 (Cth) or the Information Privacy Principles by you; or
•    any indirect contravention of the Privacy Act 1988 (Cth) or the Information Privacy Principles by CarHome.com.au caused by your non-compliance with clauses.
 
LICENCE TO USE DATA
 
Except for information that is 'personal information' (as that term is defined in the Privacy Act 1988 (Cth)), all data stored on the site on behalf of the Advertiser is owned by the Advertiser, and not CarHome.com.au.
 
The Advertiser hereby grants CarHome.com.au a perpetual, non-exclusive, irrevocable licence to use any stored data to:
•    manage internal reporting requirements;
•    collate statistical information about use of the Site and submission of online applications;
•    analyse user behaviour on the Site;
•    obtain and analyse high level trends and prepare reports relating thereto; and
•    generally improve users' experience on the Site.

HARDWARE & SOFTWARE 
It is the Advertiser's responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Site.
 
GENERAL TERMS 
CarHome.com.au may review advertisements prior to publication and may, in its absolute discretion and without any liability to you, reject or remove any advertisement for any reason including (but not limited to) where CarHome.com.au believes an advertisement may be in breach of these terms and conditions or of any law or regulation.
 
CarHome.com.au may also terminate these terms and conditions if you post any advertisement or material that may be in breach of any law or regulation. CarHome.com.au will not unreasonably exercise these rights.
 
Termination of these terms and conditions will not end those provisions that are capable of surviving the ending of these terms and conditions.
 
These Terms are governed by the laws of Victoria. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Victoria, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.

 
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