Terms and Conditions of Car selling Website

TERMS OF ACCESS TO THE WEBSITE

This Website (referred to in these Terms of Access as the “Website”) is owned and operated by Carsneeded.com.au on the World Wide Web (“WWW”).

The Website is available for you to and by accessing or using the Website you agree to be bound by these terms and conditions without alteration and by continuing to access the Website you are agreeing to the terms and conditions set out below:

Part A-- The Vehicle

(a) When Carsneeded.com.au provides an estimate on the value of a vehicle, we are not obliged to purchase the vehicle. Further Carsneeded.com.au is not liable for any losses if the estimated valuation price is not achieved in a sale involving a different buyer.

(b) Carsneeded.com.au will not purchase any motor vehicle that has suffered major accident damage, or is affected by flood or hail damage, or has been written off by any insurance company.

(c) You must disclose all mechanical faults on the vehicle to carsneeded.com.au at the time of offering to sell the vehicle to carsneeded.com.au.

(d) Carsneeded.com.au. will only purchase a vehicle if the details of the vehicle agree with those shown on the licence papers of the vehicle.

(e) Carsneeded.com.au. will pay all costs associated with the sale of the vehicle such as inspection and transportation costs except where you fail to disclose that the vehicle has been in a major accident, or is affected by flood or hail damage, or has been written off by an insurance company.

(f) If the vehicle is sold by a company then the ABN number must be supplied and the purchase price will be inclusive of GST and the sale is subject to the company providing a valid tax invoice.

(g) An agreement to purchase is entered into only upon an Offer to Sell document being completed by the vehicle owner and the owner is notified that the offer is accepted by a carsneeded.com.au representative. The agreement to purchase constituted by this offer and acceptance is subject and conditional upon:

(i) an acceptable vehicle inspection report been competed and provided to carsneeded.com.au.;

(ii) the vehicle details as disclosed by you agreeing with those shown on the licence papers of the vehicle; and

(iii) the vehicle matching the description provided by you.

If the inspection of the car is not to the total satisfaction of carsneeded.com.au. or if the other matters set out above occur then the carsneeded.com.au. may by notice in writing terminate the Contract.

Part B — Use of material on the Website

Carsneeded.com.au reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and you may not:

(a) re-sell and/or re-distribute in any material form products or services offered on the Website;

(b) store in any storage media;

(d) use any automated process of any sort to query, access or copy any material on the Website;

(e) the reproduce the material in any material form;

(f) the distribution of the material in any material form;

(g) upload and/or repost the material to any other site on the WWW; or

(h) “framing” the material on the Website with other material on any other WWW site,

without the prior written consent of carsneeded.com.au.

If the above are lawful in any jurisdiction they are specifically prohibited by these Terms of Access.

Part C Terms of Access.

A. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

B. You may not modify or copy:

(a) the layout of the Website; and

(b) any computer software and code contained in the Website.

C. Carsneeded.com.au. reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only.

Part D Links to other Websites

A. The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of carsneeded.com.au.

B. In relation to the other sites on the WWW, which are linked to the Website, carsneeded.com.au.:

(a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by carsneeded.com.au. of the linked site; and

(b) is not responsible for the material contained on those linked sites.

Disclaimer 1

To the full extent permitted by law carsneeded.com.au. disclaims any and all warranties, express or implied, regarding:

(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and

(b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

C. carsneeded.com.au. will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked websites; and

(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

Disclaimer 2

Carsneeded.com.au. does not warrant guarantee or make any representation that:

(a) the Website, or the server that makes the site available on the WWW are free of software viruses;

(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and

Carsneeded.com.au. is not liable to you for:

(a) errors or omissions in the Website, or linked sites on the WWW;

(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and

whether caused through negligence of carsneeded.com.au., its employees or independent contractors, or through any other cause.

D. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of Liability

If the breach of an implied warranty or condition relates to services:

(a) the supply of the services again; or

(b) the payment of the cost of having the services supplied again.

If the breach of an implied warranty or condition relates to goods:

(a) the replacement of the goods or the supply of equivalent goods;

(b) the repair of such goods;

Use of information gathered

E. Carsneeded.com.au. and/or people authorised by it may gather and process the information:

(a) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and

(b) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.

F. Carsneeded.com.au. may authorise others to offer you goods and services using the information acquired through (a) and (b) above.

Termination of access

G. Carsneeded.com.au. may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Carsneeded.com.au. has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

Alteration of Terms of Access

H. Carsneeded.com.au. reserves the right to change these Terms of Access:

(a) with or without further notice to you; and

(b) without giving you any explanation or justification for such change.

Relevant jurisdiction

I. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

J. This Agreement will be governed by and interpreted in accordance with the law of Western Australia without giving effect to any principles of conflicts of laws.

K. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of this Agreement.

Removal of information

L. In relation to any material and/or information included on the Website, Carsneeded.com.au. may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.

Limit of liability

M. Carsneeded.com.au. and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.

Indemnity

N. You will at all times indemnify and keep indemnified Carsneeded.com.au. and its respective officers, employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.