Buy and Sell Cars Australia

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This Agreement describes the terms and conditions that govern your use of our services at http://www.mysparecar.com.au. Before you may become a member of mysparecar.com.au you must read, agree with and accept all of the terms and conditions contained in this Agreement and our policies.  These Policies change from time to time, and you agree that they form part of this Agreement.  All of our Policies may be accessed http://www.mysparecar.com.au/policies.php .  Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies).  You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time).  
By accepting this Agreement (including the Policies) you agree to be bound by it and also the User Agreements and posted terms and conditions. 
We may amend the terms and conditions of this Agreement from time to time.  Amended terms will be posted on our Site. 
If you do not agree with any of our Policies, you must terminate your membership of www.mysparecar.com.au. If, after any changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.
This Agreement is effective on your registration date.
In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority.  A reference to this Agreement includes the Policies, unless stated otherwise.

1. Membership Eligibility. 
Mysparecar.com.au offers its services to its members.  Mysparecar.com.au reserves the right to suspend, terminate or restrict your membership at any time without notice. After temporary or permanent suspension you are prohibited from applying for a new account.  
Our services are only available to, and may only be used by, individuals (that is, natural persons and not corporate entities) 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.  If you do not qualify, you must not use our services.
Your membership is not transferable.  Your mysparecar.com.au account (including feedback and associated member UserID) may not be dealt with in any way.  In particular, you must not allow others to use them and must not transfer or sell them to another party.  While you are a member you must maintain control of your account.  You are responsible for what occurs on that account and must report any unauthorised use of your account or UserID to us.

2. Fees and Services. 
Joining (creating an mysparepart.com.au account), buying parts and selling cars on our Site is free.  

3. Mysparecar.com.au acts as an online venue to allow members to communicate, buy and sell cars. 

3.1 Our Site merely acts as an online venue to allow members to communicate, sell, and cars, at anytime, from anywhere.  YOU ACKNOWLEDGE AND AGREE THAT MYSPARECAR.COM.AU IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS.  AS A RESULT, MYSPARECAR.COM.AU HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF CARS OR CONTENT POSTED BY MEMBERS ON OUR SITE, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL CARS OR THE ABILITY OF BUYERS TO BUY CARS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR BROWSER OF OUR SITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR SITE.
When you enter a transaction you are responsible for ensuring that you comply with your obligations to other member.  If you do not, you may become liable to him or her.  You must ensure that you are aware of any laws relevant to you as a buyer or seller, or in any other uses you make of our Site.  If another member breaches any obligation to you, you - not mysparecar.com.au - are responsible for enforcing any rights that you may have.  
Mysparecar.com.au does not offer any form of insurance or other buyer or seller protection which will assist you, because our Site merely provides the online venue for members to offer, sell, and buy and we are not otherwise involved in the transactions and interactions between buyers and sellers.  

3.2 Safe Trading. Because user identification on the Internet is difficult, mysparecar.com.au cannot and does not confirm each member's purported identity. Thus, we have established a member-initiated feedback system to help you evaluate the member you choose to deal with. We also encourage you to communicate directly with potential trading partners through the tools available on our Site.  

3.3 Release. Mysparecar.com.au is not involved in the actual transaction between buyers and sellers and to the extent permitted by law mysparecar.com.au specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.  
Mysparecar.com.au is not involved with or a party to any transactions that take place between members.  Mysparecar.com.au does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller (as the case may be) in any way arising out of or in any way connected with your transaction. Mysparecar.com.au may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against mysparecar.com.au for any matter arising out of any transaction or otherwise in respect of this Agreement.
This clause 3.3 does not affect any rights you may lawfully have against mysparecar.com.au itself for its own acts or omissions.

3.4 Information Control. We send you communications and notices regarding your transactions and your account on our Site. They do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations.

4. Listing and Selling. 

4.1 Listing Description. You must be legally able to sell any item you list for sale on our Site. You must describe your item fully and accurately and include all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work or work that you are legally entitled to use.  All listed items must be listed in an appropriate category. 

4.2 Fraud. Without limiting any other remedies available to mysparepart.com.au at law, in equity or under this Agreement, mysparecar.com.au may, in its sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our Site, and you will have no claim whatsoever against mysparecar.com.au in respect of any such suspension or termination of your membership.  

5. Infringement of Rights. 

5.1 You must not infringe the rights of others.  Examples of prohibited conduct include  misleadinglistings regardless of how you describe them. This includes placing unrealistic purchase prices or misleading the buyer as to the real condition of the vehicle.


6 Your Information. 

6.1 Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration, bidding or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature.  Your Information also includes the descriptions of cars you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).

6.2 Restrictions. You are solely responsible for Your Information.  We act as a passive conduit for your online distribution and publication of Your Information. 
Your Information must not, in any way whatsoever, be potentially or actually harmful to mysparecar.com.au or any third party, where "harm" includes, but is not limited to non-economic loss.  The Policies contain detailed statements of prohibited conduct relating to Your Information.  Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:
a. be false, inaccurate or misleading or deceptive; 
b. be fraudulent or involve the sale of stolen cars; 
c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy; 
d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws); 
e. be defamatory, libellous, threatening or harassing; 
f. be obscene or contain any material that, in mysparecar.com.au's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such.
h. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function or accesses unauthorised information of mysparecar.com.au; 
i. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;  or
j. link directly or indirectly to or include descriptions of goods or services that: 
i. are prohibited under this Agreement; 
ii. you do not have a right to link to or include. 

6.3 License. Solely to enable mysparecar.com.au to use the information you supply us with, so that we are not violating any rights you might have in that information (including any intellectual property rights), you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Mysparecar.com.au will only use Your Information in accordance with our Privacy Policy. Our privacy policy can be found in http://www.mysparecar.com.au/policies.php .


7. Feedback.
You may not do (or omit to do) anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic.


8. Breach. 
WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO MYSPARECAR.COM.AU AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), DELAY LISTING YOUR CAR, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE (INCLUDING BUT NOT LIMITED TO BUYING, SELLING AND CHATBOARD POSTING ACTIVITIES), TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:  
a. you have, or we believe that you have, breached any Policies or this Agreement. 
b. we are unable to verify or authenticate any information you provide to us.
c. we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our members, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
d. if we reasonably believe that any of Your Information (which includes an item listed on the Site) is inappropriate or of an offensive nature. 
For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.


9. No Warranty.

9.1 WE AND OUR SUPPLIERS PROVIDE OUR SITE AND SERVICES ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED.  TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT UNLESS WE ARE REQUIREED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW. 

10. Liability Limit. 
10.1 TO THE EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT MYSPARECAR.COM.AU AND ALL AFFILIATES AND RELATED ENTITIES HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS. 
10.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of mysparecar.com.au and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation. 

11. Indemnity. 
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all 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 your violation of any law or the rights of a third party. 

12. Legal Compliance. 
YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR LISTING, BUYING AND SELLING AND ANY OTHER ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT. 

13. Mediation and Dispute Resolution.
We encourage you to try and resolve disputes with other members directly with them, to use a certified mediation (such as online dispute resolution processes) or an arbitration entity or to report disputes to your local police or law enforcement agency as appropriate. 
Any controversy or claim arising out of, or in connection with, this Agreement between mysparecar.com.au and you may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party's election.  You and mysparecar.com.au agree to be bound by the outcome of such mediation.  Each party will bear its own costs (and split equally any joint costs) of mediating the dispute.

14.  Important Terms
All Policies (as may be amended from time-to-time) are incorporated into this Agreement by reference.  You must read and agree to these documents prior to becoming, and as a condition of remaining, a member of mysparecar.com.au, and you agree to be bound by them.
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