CARSALES NETWORK ADVERTISING TERMS AND CONDITIONS
1. What is the Effect of This Agreement
This Agreement applies to:
- the publication by carsales.com Ltd and/or its related bodies corporate (carsales) of the advertisement submitted by you, the person named and described in the online application (You);
- the administration of Your account with carsales; and
- the supply of any additional services (Services) by carsales to You.
2. Placing an Advertisement
In order to place an advertisement (Ad) for an item (Item) You must:
- be 18 years or over;
- set up a membership with carsales;
be a private or non-commercial advertiser
You will not be considered a private or non-commercial advertiser by carsales if you:
- are a licensed dealer and intend to sell the Item featured in your Ad from your dealership; or
- advertise for sale any Item as an agent for its owner;
You may not be considered a private or non-commercial advertiser by carsales if you:
- advertise for sale more than 4 major items in any single category (such as motor vehicles, boats or caravans) within any 12 month period;
- You will not be considered a private or non-commercial advertiser by carsales if you:
- complete and submit the online application form (Application); and
- pay the prescribed advertising fee.
carsales may alter its product and services offerings at any time without notice to You and does not guarantee or represent or warrant to you that any product or service offering which is available at a particular time, will be available in the future.
3. What You Must Do
You must :
- comply with the terms and conditions set out in this Agreement;
- provide all information for Your Ad ( including any photographs ) in the form required by carsales from time to time;
- describe the advertised Item accurately;
- comply with any relevant carsales advertising policy;
- if You are not the owner of any materials (for example, images or written descriptions of items) which You wish to include in Your Ad, obtain written permission from the owner of those materials to include them in Your Ad (and to grant carsales the licence contained in clause 8 of these Advertising Terms and Conditions) before submitting the Ad to carsales for publication;
- if requested, provide carsales with proof of ownership of an Item, proof that an Item is in Australia or has been cleared by customs;
- maintain the confidentiality of all Your email and password information required to access Your account and immediately change the password if it is lost, stolen or compromised in any way. You are responsible for all transactions entered into under Your email and password; and
remove Your Ad if the advertised Item is:
- sold; or
- withdrawn by You from sale.
4. What You Must Not Do
You must not offer for sale any Item:
- not located in Australia;
- that is not immediately available for sale - such as an Item which you seek to auction or rent or an Item subject to syndication;
- that is not accurately described by the category in which it is advertised, for example only motor vehicles may be advertised in cars for sale and only marine vehicles (and not, for example, marina berths or marine accessories) may be advertised in boats for sale;
- that You are not the owner of; or
- in all other cases, which You do not have the right to sell.
You must not submit an Ad which:
- includes an offer of or referral to any services, for example finance;
- does not comply with all relevant laws;
- infringes the intellectual property rights of any person including any company or organisation;
- is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
- is misleading or deceptive or likely to mislead or deceive (for example by including photos or text in Your Ad that do not match the Item or by listing the Item at a lower price than you would be willing to sell the Item to solicit increased enquiries or for other purposes);
- comprise anything which may adversely reflect on carsales or any website on which Your Ad is published; or
- include references or links to other websites or HTML enhancement text;
- offers more than one primary Item (such as a motor vehicle, boat or caravan) in a single Ad; or
- includes your personal contact details (landline number, mobile number and/or email address) in any comments section of the Ad.
- You must not alter or amend an Ad to describe or offer an Item that is different to the Item originally published.
- You must not submit any international contact numbers in Your carsales account information or Your Ad.
5. Requirements for photographs included in Ads
Photographs submitted with Ads for publication must:
- be current photographs of the actual Item for sale, such that the Item is shown in the same condition as it is anticipated that it will be delivered to the buyer;
- not include any images of people;
- not be digitally altered;
- not contain any watermarks; and
- be in jpeg format and of 640 x 480 dimension.
6. Publication of Ads
- carsales is not bound to publish Your Ad until accepted by carsales. Your Ad is accepted when carsales publishes Your Ad.
- If Your Ad is in breach of clause 4.b, or otherwise contains content that carsales deems inappropriate to include in an Ad, carsales may refuse to publish Your Ad or remove any unauthorised content from the Ad before publication.
- If accepted, carsales will publish Your Ad as set out in the Application on the terms and conditions of this Agreement and with any amendments required by or authorised by these Terms and Conditions.
- carsales' acceptance of Your Ad does not create any relationship of agency between You and carsales.
- You accept and acknowledge that carsales' acceptance of Your Ad does not provide any representation, warranty or guarantee that your Item will be sold through carsales or any of its Services.
- carsales may republish Your Ad on such other websites, search engines, applications and print or other media as carsales determines from time to time in its absolute discretion.
- You acknowledge and agree that while every endeavour will be made to publish Your Ad as submitted, carsales will not (other than as set out in clause 14) be liable for any error, omission or failure to publish Your Ad in the form ordered, including acts or omissions of carsales, its employees or agents.
carsales may refuse to publish, withdraw or terminate the publication of Your Ad (or any part of Your Ad) if:
- carsales determines, in its absolute opinion without notice, You are not entitled to place the Ad (for example, because You are not a private advertiser or You do not own the Item); or
- You breach this Agreement; or
- You have not logged on to the administration pages of Your Ad for more than 21 days; or
- carsales determines, in its absolute discretion without notice, that such refusal, withdrawal or termination is appropriate.
- Despite anything in this Agreement, carsales has absolute editorial control in relation to the publication of Your Ad, including, but not limited to the format, position and placement of Your Ad.
- Carsales may in its absolute discretion add to, edit or remove information within Your Ad including without limitation the Vehicle Identification Number (VIN) and/or registration number.
- Third party offers to republish Your Ad in print or other media are subject to separate terms and conditions. carsales will not be responsible for third party terms and conditions, any services provided by the third party or resolving any dispute between You and any third party.
7. Cancellation and Withdrawal of Ads
- Once Your Application is submitted to carsales it cannot be cancelled.
- An Ad may be removed at any time after publication. All advertising fees remain payable and if paid, You will not be entitled to a refund.
- For the avoidance of doubt, if you have purchased an Ad and you reduce the listing price of your Item to under the free Ad listing price threshold and elect to convert your listing to a free Ad, you will not be entitled to a refund of the advertising fee.
8. Intellectual Property Rights
You hereby grant to carsales in respect of all copyright materials included in Your Ad or materials otherwise submitted by You to carsales, a perpetual, royalty free and irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilise in any manner those materials.
- You must pay the advertising fee at the rate and in the manner set out in the Application.
- The advertising fee is payable despite the termination of this Agreement or failure to publish an Ad which is caused by You.
- You will not be entitled to a refund or credit if carsales withdraws or terminates the publication of Your Ad if You were not entitled to place an Ad or You are otherwise in breach of this Agreement.
10. Ordering and use of the PrivacyProtect Service
- The PrivacyProtect Service provides you with a temporary phone number (TPN) to publish in association with Your Ad and on which You can receive inbound calls only.
- The PrivacyProtect Service is supplied to You by service providers, carriers or networks (Carriers) nominated by carsales from time to time, is dependent upon those Carriers and will only be supplied to You to the extent that it is supplied to carsales by the Carriers.
- You must nominate a current Australian land line or mobile phone number to which calls through the PrivacyProtect Service will terminate and if You do not own the nominated number, obtain the owner's permission.
- You must comply with carsales’ reasonable directions in relation to Your use of the PrivacyProtect Service.
- You consent to carsales and Carriers sharing information (including your personal information) in relation to Your use of the PrivacyProtect Service.
- You must not display or otherwise use the PrivacyProtect Service or any TPN issued to You for any purpose other than in connection with the sale of the Item in Your Ad/s.
- carsales is not bound to accept Your order for the PrivacyProtect Service and may withdraw and/or substitute the TPN at any time and without notice or liability.
- You acknowledge that the TPN is owned or licensed to carsales and You have no interest in the same other than as licensee for the period the TPN is displayed with Your Ad/s.
- You are required to purchase credit for Your use of the PrivacyProtect Service and it is Your responsibility to maintain sufficient credit for Your use of the PrivacyProtect Service.
- Subject to clauses 11.b.ii and clause 14 call credits are non-transferable, non refundable and are not redeemable for cash. Call credits are held in trust and are the property of carsales.
- If Your call credit is exhausted, Your call may be disconnected and the TPN will be removed from Your Ad/s.
- You will be charged for all calls to the TPN by deduction from the call credit You have purchased in accordance with the Call Rates and Other Charges. You are liable for all calls made to the TPN including calls made in error and calls made in excess of Your call credit.
- Unless You establish to carsales’ reasonable satisfaction otherwise, carsales may rely conclusively on information supplied by Carriers in relation to the use of the PrivacyProtect Service.
- Without limiting the terms of this Agreement, carsales will not be liable for any failure to supply the PrivacyProtect Service in whole or in part.
11. Termination / cancellation of PrivacyProtect Service
The TPN will be displayed with Your Ad/s until:
- Your call credit is exhausted and You have not re-credited Your account;
- You cancel the PrivacyProtect Service or Your Ad/s; or
- Your Ad/s cease to be published on the carsales network for any reason.
If the TPN is removed from Your Ad, the TPN will be deactivated and:
- Calls to the TPN will cease to terminate at the nominated number;
- The TPN will be held for a grace period of 7 days; and
- If at the end of that grace period the TPN is not re-activated by You for display with Your Ad/s the TPN will be returned to a pool and be re-allocated and any credit remaining in Your account will remain valid for 3 months after which it will be forfeited and You will not be entitled to a refund.
- You may cancel the PrivacyProtect Service at any time in relation to one or more of Your Ads by logging onto Your account (using the My Account page).
- Any call credit remaining in Your account will be valid for 3 months from the date the last of Your Ads with the PrivacyProtect Service was cancelled. If the credit is not used within the 3 month period, the balance of the call credit will be forfeited and You will not be entitled to a refund.
carsales may suspend or terminate the PrivacyProtect Service:
- without notice, if carsales considers that Your use of the PrivacyProtect Service is in breach of this Agreement; or
- otherwise with prior notice, at any time, If carsales terminates the PrivacyProtect Service without cause You will be entitled to a refund of the remaining call credit in Your account.
12. Your warranties to carsales
You represent and warrant to carsales that:
- You are the owner of all Items included in Your Ad/s and You have the authority to sell those Items;
- You are entitled to publish the Ad and all materials contained in the Ad, including text and images;
- You have the authority to grant to carsales the licence contained in clause 7 of these Terms and Conditions;
- all contact and other details You have provided to carsales are accurate; and
- Your use of the carsales network will comply with the terms and conditions set out in this Agreement and any other requirements or directions issued by carsales from time to time.
13. You Indemnify carsales
You indemnify carsales against all actual or threatened loss, damage, actions, claims and / or demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against carsales arising out of:
- a breach of this Agreement (including a breach of any representation or warranty contained in this Agreement) by You;
- any wilful, unlawful or negligent act or omission by You;
- the publication by carsales or any other person of Your Ad;
- the sale or offering for sale of any Item.
14. carsales Liability to You is Limited
- Other than as set out in this clause 14, and to the full extent permitted by law, all guarantees and implied and express warranties in respect of any goods or services provided by carsales are HEREBY EXCLUDED.
To the full extent permitted by law, carsales will only be liable to You:
- Pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of carsales is limited, at carsales’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply; or
- Subject always to clause 14(c)(ii) if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by carsales.
To the full extent permitted by law, carsales will not be liable to You:
- for claims arising out of or in connection with this Agreement or the publication of Your Ad whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and
- for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
- For the purposes of clauses 13 and 14, the term carsales will mean carsales, its officers, employees, contractors and agents, whether individually or collectively.
- This clause will survive the expiration or termination of this agreement.
- To read how carsales collects, uses and discloses Your personal information click here.
- Please be aware that as an advertiser on the carsales network You may receive correspondence (including electronic correspondence) regarding Your account, including the status of Your Ad or any other services provided to You. This may include confirmation of the receipt and publication of Your Ad, confirmation of any changes made by You, and notification of possible changes to the status of Your Ad. You will also be notified of any changes to carsales or associated websites that may have a direct effect on the content or appearance of Your Ad or any other services. This correspondence forms part of this service and is necessary for the management of Your account. If You do not wish to receive this correspondence please do not submit an advertisement for publication on carsales network.
- carsales is not be liable for any contact between You and any third party, including, but not limited to, contact made through the carsales network (for example through the vehicle enquiry form). You acknowledge that by placing an Ad on the carsales network, Your contact details (for example, telephone number) may be made available to the public and You grant carsales permission to make such details available on Your behalf.
16. What Law Governs this Agreement
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.
17. Entire Agreement
These Advertising Terms and Conditions, the Application, carsales Terms and Conditions of Use and any warranties implied by law which cannot be excluded constitute the entire agreement of the parties in relation to its subject matter. All other terms whether express or implied are HEREBY EXCLUDED to the full extent permitted by law. This Agreement will prevail to the extent of any inconsistency with the Terms and Conditions of Use.
- carsales may, in its absolute discretion, modify or amend this Agreement and such modifications or amendments will be binding upon You once displayed on this web site. You should regularly check these terms and conditions displayed on this web site.
- All rights not expressly granted are reserved.
- If any provision of this Agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will apply.
- Any delay or failure by carsales to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice carsales' rights in any way. No waiver by carsales will be effective unless it is in writing and signed by carsales.
19. Ordering and Use of the Automated Video Service
- The Video Product, Automated Video Service (AVS) offers the production of a movie, using images, voice-over, text and/or music.
- carsales is not bound to accept Your order for AVS and may withdraw and/or substitute the AVS at any time and without notice or liability.
- In order to create the AVS each item must have 12 features and You must submit 6 images of that Item.
All images submitted for Your Ad/s for use in the AVS must:
- be current images of the actual Item for sale, such that the Item is shown in the same condition as it is reasonably anticipated that it will be released to the buyer;
- not include any images of people;
- not be digitally altered;
- not contain any watermarks;
- be in jpeg format with 640 x 480 dimensions.
- carsales has sole editorial control in relation to the production of all AVSs, including but not limited to watermarking, data purification and augmentation.
- carsales provides no warranty or representation that the video link will be supplied in accordance with Your schedules, editorial or video requirements and will not be liable for error, misplacement, amendment and/or omission in relation to Your Ad/s.
- carsales is under no obligation in relation to video links once supplied including correcting, updating or editing any specific AVSs.
You acknowledge and agree that:
- AVSs may be published by carsales on the carsales network, any other website or other online or print based media;
- carsales may determine that an AVS may be used for carsales or carsales marketing purposes.
- You acknowledge that the AVS is owned by or licensed to carsales, and You have no interest in the AVS other than as a licensee for the period the AVS is displayed with your Ad/s. All intellectual property rights in the AVSs and any modifications to either (whether authorised or not) are owned by carsales or its Licensors and are to the extent necessary assigned by You to carsales. You will do all necessary things to give effect to this clause.
- You must comply with carsales’ reasonable directions in relation to Your use of the AVS and any editorial restrictions or instructions of carsales which carsales reasonably considers necessary to protect the reputation and integrity of carsales, including but not limited to displaying correction or retractions in relation to a previously published AVS.
You must not:
- Copy, alter, modify, reproduce, supplement or transmit any AVS except as set out in this Agreement;
- Remove any copyright notice;
- Display any photo on any website or other publication except as set out in this Agreement;
- Display the AVS on any website or other publication except as set out in this Agreement;
- Display, or continue to display any AVS which carsales advises in writing must no longer be displayed by You; or
- Display or otherwise use the AVS produced for You for any purpose other than in connection with the sale of the Item in your Ad/s.
20. Termination/Regeneration of the Automated Video Service Product
- The AVS will displayed with Your Ad/s until your Ad/s cease to be published on the carsales network for any reason.
- If the AVS is removed or updated from Your Ad, the original AVS will no longer be available.
- You may cancel the AVS at any time in relation to one or more of Your Ads by logging onto your account (using the My Account page) and cancelling Your ad.
- Any changes to vehicle features or changes to images will result in the regeneration of the AVS, therefore the original AVS will no longer be available.
Carsales may suspend or terminate the AVS:
- Without notice, if carsales considers that Your use of the AVS is in breach of this Agreement; or
- Otherwise with prior notice, at any time.
21. PriceAssist Service (formerly SellAssist)
You acknowledge and agree that:
- the PriceAssist Service will only be available to You if Your Item matches at least two (2) Items in carsales' database for the relevant time period;
- you may only use the PriceAssist Service for your personal use;
- the PriceAssist Service is provided as a guide only and is not intended to be the only source of information on which You rely in Your decisions, including Your decision to price and or sell any Item; and
- carsales does not represent or warrant that information provided to You through the PriceAssist Service (PriceAssist Information) does not infringe any third party intellectual property rights, is reliable, accurate or complete or is fit for a specific purpose.
You acknowledge that:
- PriceAssist Information is principally derived from information supplied by motor vehicle dealers, motor vehicle manufacturers and private sellers;
- PriceAssist Information is based on the Items within the relevant carsales database at the time of search and may not be based on a statically relevant sample of Items; and
- PriceAssist Information is based on the mean price returned by a search query and a reference to average in the PriceAssist Service is a reference to a mean.
In your use of the PriceAssist Service, You must:
- implement and maintain security procedures to ensure that the PriceAssist Service and PriceAssist Information are protected at all times from unauthorised access;
- provide and update from time to time all hardware and software necessary to use the PriceAssist Services and pay any telecommunication charges incurred in the use of the PriceAssist Services; and
- assess the accuracy, reliability and completeness of any information obtained using the PriceAssist Services.
You must not:
- alter or modify (including by removing any copyright notice), reproduce, supplement or transmit the PriceAssist Information;
- combine the PriceAssist Information with any other information to create derivative products;
- use, reproduce or display the PriceAssist Information in any media, including but not limited to print media;
- redistribute the PriceAssist Information or provide the PriceAssist Information to any third party;
- introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the PriceAssist Service, including but not limited to any automated scripting device or other device intended to copy any PriceAssist Information; or
- create or otherwise produce either directly or indirectly or wholly or partly any information database which is substantially comprised of any PriceAssist Information.
In Your use of the PriceAssist Service, You may receive a numerical ranking assigned to Your Item (PriceAssist Ranking). You acknowledge and accept that:
- PriceAssist Rankings are intended for Your own internal research purposes only;
- PriceAssist Rankings are the confidential information of carsales and You must not disclose PriceAssist Rankings to any person or use a PriceAssist Ranking to market or promote a business.
- carsales may at any time in its sole discretion, add, remove, modify, enhance, re-issue, upgrade or discontinue the PriceAssist Service.
22. Payment Service
- Carsales uses Assembly Payments Pty Ltd (Assembly Payments) as its service provider for its payment services (acting as a payment facilitator and/or escrow agent for transactions between carsales Network sellers and buyers).
- By using these services, you agree to be bound by the Assembly Payments End User Terms which are located at: https://assemblypayments.com/policies/end-user-agreement/carsales/
23. User Supplied Video Service
This clause applies when You supply video content (text, software, scripts, photos, sounds, music, videos, audiovisual combination and interactive features) for use on the carsales Network (“Video Content”).
- You must adhere at all times to the Video Rules available here.
You must not supply any Video Content which;
- does not comply with all relevant laws including but not limited to the Competition and Consumer Act 2010 (Cth), the Privacy Act 1988 (Cth) and any financial services laws under the Corporations Act 2001 (Cth);
- infringes the intellectual property rights of any person or breaches any duties towards any person;
- is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
- is misleading or deceptive or likely to mislead or deceive; or
- comprises anything which may adversely reflect on carsales or any website on which the Video Content is published or suggests any endorsement by or affiliation with carsales or any website on which the Video Content is published.
- You must not include background or foreground music in your Video Content unless you have obtained carsales’ prior written consent.
You warrant that;
- You have obtained all necessary prior consents from videographic subjects (e.g. staff or talent, whether appearing in person or by voice) for production and use of the Video Content in accordance with these terms;
- You own or are licensed to use all necessary intellectual property rights in all content contained within the Video Content; and
- the publishing and use by carsales of the Video Content in accordance with these terms will not infringe any third party rights.
Nothing in these terms operates to transfer any intellectual property rights in Video Content to carsales. However, by submitting Video Content to carsales, you grant a perpetual and irrevocable licence to carsales to;
- publish the Video Content on the carsales Network, any other website, or other online or print based media; and
- use, copy, distribute, edit and publish the Video Content for any other related purpose, including for carsales' own marketing purposes.
- has sole editorial control in relation to Video Content including watermarking, data purification and augmentation; and
- will not be liable for error, misplacement, amendment, and/ or omission in relation to any Video Content.
- carsales may remove Video Content without notice at any time and in its sole discretion.
24. Showcase placement
Availability of Showcase placement
- Subject to (ii) below, the Showcase placement will only be made available to customers who have purchased a premium or standard Ad on the carsales Network.
- Showcase placements are strictly limited and carsales makes no guarantee that a Showcase placement will be available for purchase for Your vehicle at the desired time.
- A Showcase placement may be purchased during Ad creation or at any time during the life of Your Premium or Standard Ad provided it is available for Your vehicle at the relevant time.
Terms of Showcase placement
- Purchasing a Showcase placement will rotate Your Ad through the relevant position – Your Ad will not appear in the Showcase placement for every relevant search.
- Showcase placements will appear on the first page of results, ahead of Standard and other Premium Ads but may not be the first result on the page.
- You understand and accept that the appearance of the Showcase placement will differ between different formats such as desktop and mobile.
- carsales makes no representation or warranty as to the expected number of views or click throughs of a Showcase placement, or the impact the placement is likely to have on the sale of an item.
- carsales may at any time in its sole discretion, add, remove, modify, enhance, re-issue, upgrade, suspend or discontinue the Showcase placement.
25. Instant Offer Service
Use of the carsales Instant Offer Service is governed by the carsales Instant Offer Service Terms and Conditions which are available here.
26. RedBook Inspect Service
When you complete a purchase of vehicle inspection services via the carsales Network (including as part of PremiumPlus), you will be purchasing a vehicle inspection service from RedBook’s vehicle inspection partner, RedBook Inspect Pty Ltd (RedBook Inspect) subject to the RedBook Inspect Service Terms. When you complete a purchase of vehicle inspection services, we will provide your details to RedBook Inspect for the purposes of completing the inspection. If you have any queries regarding the RedBook Inspect vehicle inspection services, you should contact RedBook Inspect at 1300 373 992 or via email firstname.lastname@example.org.
Version 8.9 (June 2018)