Welcome to the Tradiewheels Network
Tradiewheels.com.au is pleased to provide you with access to the network of websites and related services owned or operated by Tradiewheels.com Limited and its related bodies corporate (Tradiewheels) including, but not limited to www.Tradiewheels.com.au, and the Tradiewheels vehicle search engine wherever distributed on the internet (the “Tradiewheels Network”) on these terms and conditions.
By accessing or using the Tradiewheels Network you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on the Tradiewheels Network) as amended from time to time.
- About the Tradiewheels Network
(a) Tradiewheels publishes or makes available on the Tradiewheels Network information, advertisements, product and service offers, vehicle data, valuations, Software and links and other content supplied by Tradiewheels and third parties (Material). Tradiewheels does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Tradiewheels Network or on any web site that links from the Tradiewheels Network. (including third party display advertisements).
(b) Tradiewheels does not provide any warranty in relation to any goods or services advertised for sale on the Tradiewheels Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
- Personal and Non Commercial Use Only
(a) Use of the Tradiewheels Network is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of Tradiewheels:
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
- use or attempt to use any Material published on the Tradiewheels Network to create any web site or publication or searchable database;
- mirror or frame any web site or page within the Tradiewheels Network;
- use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the Tradiewheels Network or generate or compile any document, index or database based on the Material published on the Tradiewheels Network;
- transfer or sell any information, functionality or products or services offered on the Tradiewheels Network; or
- undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.
(b) If Tradiewheels considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to Tradiewheels’ interests, then Tradiewheels may immediately terminate your right to access and use the Tradiewheels Network at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Tradiewheels Network.
- You are Responsible for the use of the Tradiewheels Network
(a) Whilst Tradiewheels takes care to ensure that the Material on the Tradiewheels Network is correct, current and free from errors, Tradiewheels does not warrant the accuracy or completeness of or the representations made in the Material on the Tradiewheels Network or any web site that links from the Tradiewheels Network or any information received as a result of using the Tradiewheels Network. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
(b) The services and Material made available on the Tradiewheels Network are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don’t do anything; and may not be continually accessible or free from errors or viruses.
(c) You agree to indemnify Tradiewheels against any liability, loss, claim or demand if Tradiewheels (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
(d) You must keep your username and password to access the Tradiewheels Network secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to Tradiewheels that you accept all liability for any unauthorised use of any username and password issued to you.
- Goods and Services Provided By Tradiewheels
If Tradiewheels offers goods or services to you, including advertising any item for sale on the Tradiewheels Network, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
- Goods and Services Provided By Third Parties
(a) If goods and services are offered on or through the Tradiewheels Network by third parties (sellers):
- vehicle prices exclude government and statutory charges (unless otherwise stated);
- You are responsible for making all relevant searches, enquiries and investigations in relation to any listed vehicle including, any written off vehicle register or register of security interests (including the Personal Property Securities Register or otherwise);
- Tradiewheels does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
- Tradiewheels will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.
(b) Tradiewheels may augment information supplied by sellers. This information is supplied by third parties and in the case of motor vehicles is based on model and year. Whilst Tradiewheels requests sellers check this information, it may be possible for information to be inaccurate. Tradiewheels strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.
- Tradiewheels Liability to You is Limited
(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by Tradiewheels are hereby excluded.
(b) To the full extent permitted by the law, Tradiewheels 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 that cannot be excluded provided that, to the full extent permitted by law, any such liability of Tradiewheels is limited, at Tradiewheels’ 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;
- subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Tradiewheels.
(c) Subject to subclause 6(b), and except to the extent that liability cannot be excluded, Tradiewheels, will not be liable to you: for claims arising out of or in connection with your access and use of the Tradiewheels Network and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
(d) To the full extent permitted by law, Tradiewheels will not be liable to you for loss of use, production, profit, revenue, business, data, contractor 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.
(e) For the purposes of this section, the term Tradiewheels will mean Tradiewheels, its officers, employees, contractors and agents, whether individually or collectively.
(f) These terms and conditions will survive the expiration or termination of this agreement.
- Copyright, Trademarks and Licence
(a) Material on the Tradiewheels Network is © Tradiewheels.com Limited and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by Tradiewheels. Unless otherwise indicated on the Tradiewheels Network, the material on the Tradiewheels Network is owned by or licensed to Tradiewheels and is subject to copyright (the “Copyright Material”).
- only copy or reproduce the Copyright Material for the purpose of browsing the Tradiewheels Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
- not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
(c) Tradiewheels.com.au and other names of Tradiewheels product and/or services referenced herein are trademarks or registered trademarks of Tradiewheels.com Limited. Other product and company names mentioned on the Tradiewheels Network may be the trademarks of their respective owners.Nothing displayed on the Tradiewheels Network should be construed as granting you any intellectual property rights including the right to use any trademark, without Tradiewheels’ (or the relevant owner’s, if applicable) express written consent.
- Membership to the Tradiewheels Network
(a) If you choose to become a member of the Tradiewheels Network, additional products and services may be made available to you.
(b) By becoming a Tradiewheels member, you agree to receive electronic communications from Tradiewheels about its products and services.
(c) If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.
- Communications Services
(a) Tradiewheels may provide you with the ability to communicate with Tradiewheels, the Tradiewheels Network, Sellers, advertisers and users of the Tradiewheels Network through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).
(b) You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by Tradiewheels. You should not however, consider Communication Services to have been reviewed, screened, or approved by Tradiewheels.
(c) Use of the Communications Services is provided on condition that you do not do any of the following:
- transmit any information or material which is knowingly incorrect, misleading or deceptive;
- transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any material otherwise deemed by Tradiewheels to be threatening, hurtful or otherwise inappropriate;
- transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
- use the Communications Services for any unlawful purpose;
- post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights.
- upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another’s computer or damage any of Tradiewheels Network’s infrastructure;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Tradiewheels.
- download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
- excessively use the Communications Services in a manner which may hinder or prevent Tradiewheels from providing services to any other persons or which may threaten the integrity or use by any person of the Tradiewheels Network;
- authorise, aid, abet encourage or incite any person to do any of the above acts.
(d) Tradiewheels may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services. Tradiewheels may also suspend or terminate the membership of any member determined by Tradiewheels to be in breach of this provision.
- Software Services
(a) Any software, including HTML code and ActiveX controls, that is made available to download from the Tradiewheels Network (“Software”) is owned by Tradiewheels and/or its suppliers.
(b) Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You must agree to the terms of the License Agreement before using the Software.
(c) If there is no License Agreement, Tradiewheels grants you a personal, non-transferable license to use the Software for viewing and otherwise using the Tradiewheels Network in accordance with these terms and conditions, and for no other purpose. You must not:
- copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
- reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
- introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
- sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
(a) Automotive Data Services Pty Ltd (RedBook) has prepared data and valuations from information gathered from a variety of sources that may be displayed on the Tradiewheels Network. Whilst all care is taken in producing the data and valuations, RedBook does not and cannot guarantee or make any representations regarding the use of, or reliance, on it. RedBook is not responsible for all the information provided to it and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information.
(b) RedBook is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, this valuation and data.
- Tradiewheels and Your Privacy
- Specific Terms
(a) Private Sellers To read Tradiewheels Private Seller Terms and Conditions click here. If you choose to sell an item using the Tradiewheels Network you must agree to the Tradiewheels Private Seller Terms and Conditions.
(b) 1300 and 1800 Numbers – TradiewheelsConnect Calls to 1300 or 1800 numbers from land lines in Australia are charged at local call rates. Calls from mobile phones may attract a higher rate. You will be billed by your telephone service provider and should direct all questions that provider.
(c) Tradiewheels Network Privacy Protect To view Tradiewheels Network Privacy Protect Terms and Conditions click here.
(d) Competitions To read Tradiewheels Competition Terms and Conditions click here.
(e) Email a friend Where Tradiewheels allows you to email a friend: you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify Tradiewheels, its officers, representatives, employees, contractors, servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.
(f) Tradiewheels uses Assembly Payments Pty Ltd (Assembly Payments) as its service provider for payment services (acting as a payment facilitator and/or escrow agent for transactions between Tradiewheels Network sellers and buyers). By using these services, you agree to be bound by the Assembly Payments End User Terms which are located here.
- What Law Governs these Terms and Conditions
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.
- Tradiewheels May Change These Terms and Conditions
(b) Tradiewheels may cease to provide you with access to the Tradiewheels Network or any of its services without notice.
(c) All rights not expressly granted are reserved.
- Contact Tradiewheels
If you have a question, problem or complaint or need to contact us:
525 Collins street, Melbourne. VIC 3000
(03) 9093 9600
Email – complaints:
Email – questions:
Version 5 (Sept 2017)
TRADIEWHEELS NETWORK ADVERTISING TERMS AND CONDITIONS
- What is the Effect of This Agreement
This Agreement applies to:
- the publication by Tradiewheels.com Ltd and/or its related bodies corporate (Tradiewheels) of the advertisement submitted by you, the person named and described in the online application (You);
- the administration of Your account with Tradiewheels; and
- the supply of any additional services (Services) by Tradiewheels to You.
- 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 Tradiewheels;
- be a private or non-commercial advertiser
- You will not be considered a private or non-commercial advertiser by Tradiewheels 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 Tradiewheels 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;
- complete and submit the online application form (Application); and
- pay the prescribed advertising fee.
- You will not be considered a private or non-commercial advertiser by Tradiewheels if you:
Tradiewheels 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.
- 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 Tradiewheels from time to time;
- provide all mandatory information relating to an Item as requested by Tradiewheels from time to time (e.g. VIN or vehicle registration number details);
- describe the advertised Item accurately;
- comply with any relevant Tradiewheels 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 Tradiewheels the licence contained in clause 8 of these Advertising Terms and Conditions) before submitting the Ad to Tradiewheels for publication;
- if requested, provide Tradiewheels 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.
- 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 Tradiewheels 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 Tradiewheels account information or Your Ad.
- 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.
- Publication of Ads
- Tradiewheels is not bound to publish Your Ad until accepted by Tradiewheels. Your Ad is accepted when Tradiewheels publishes Your Ad.
- If Your Ad is in breach of clause 4.b, or otherwise contains content that Tradiewheels deems inappropriate to include in an Ad, Tradiewheels may refuse to publish Your Ad or remove any unauthorised content from the Ad before publication.
- If accepted, Tradiewheels 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.
- Tradiewheels’ acceptance of Your Ad does not create any relationship of agency between You and Tradiewheels.
- You accept and acknowledge that Tradiewheels’ acceptance of Your Ad does not provide any representation, warranty or guarantee that your Item will be sold through Tradiewheels or any of its Services.
- Tradiewheels may republish Your Ad on such other websites, search engines, applications and print or other media as Tradiewheels 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, Tradiewheels 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 Tradiewheels, its employees or agents.
- Tradiewheels may refuse to publish, withdraw or terminate the publication of Your Ad (or any part of Your Ad) if:
- Tradiewheels 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
- Tradiewheels determines, in its absolute discretion without notice, that such refusal, withdrawal or termination is appropriate.
- Despite anything in this Agreement, Tradiewheels 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.
- Tradiewheels 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. Tradiewheels 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.
- Cancellation and Withdrawal of Ads
- Once Your Application is submitted to Tradiewheels 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.
- Intellectual Property Rights
You hereby grant to Tradiewheels in respect of all copyright materials included in Your Ad or materials otherwise submitted by You to Tradiewheels, 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 Tradiewheels 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.
- 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 Tradiewheels from time to time, is dependent upon those Carriers and will only be supplied to You to the extent that it is supplied to Tradiewheels 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 Tradiewheels’ reasonable directions in relation to Your use of the PrivacyProtect Service.
- You consent to Tradiewheels 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.
- Tradiewheels 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 Tradiewheels 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 Tradiewheels.
- 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 & 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 Tradiewheels’ reasonable satisfaction otherwise, Tradiewheels may rely conclusively on information supplied by Carriers in relation to the use of the PrivacyProtect Service.
- Without limiting the terms of this Agreement, Tradiewheels will not be liable for any failure to supply the PrivacyProtect Service in whole or in part.
- 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 Tradiewheels 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.
- Tradiewheels may suspend or terminate the PrivacyProtect Service:
- without notice, if Tradiewheels considers that Your use of the PrivacyProtect Service is in breach of this Agreement; or
- otherwise with prior notice, at any time, If Tradiewheels terminates the PrivacyProtect Service without cause You will be entitled to a refund of the remaining call credit in Your account.
- Your warranties to Tradiewheels
You represent and warrant to Tradiewheels 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 Tradiewheels the licence contained in clause 7 of these Terms and Conditions;
- all contact and other details You have provided to Tradiewheels are accurate; and
- Your use of the Tradiewheels network will comply with the terms and conditions set out in this Agreement and any other requirements or directions issued by Tradiewheels from time to time.
- You Indemnify Tradiewheels
You indemnify Tradiewheels 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 Tradiewheels 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 Tradiewheels or any other person of Your Ad;
- the sale or offering for sale of any Item.
- Tradiewheels 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 Tradiewheels are HEREBY EXCLUDED.
- To the full extent permitted by law, Tradiewheels 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 Tradiewheels is limited, at Tradiewheels’ 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 Tradiewheels.
- To the full extent permitted by law, Tradiewheels 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 Tradiewheels will mean Tradiewheels, its officers, employees, contractors and agents, whether individually or collectively.
- This clause will survive the expiration or termination of this agreement.
- To read how Tradiewheels collects, uses and discloses Your personal information click here.
- Please be aware that as an advertiser on the Tradiewheels 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 Tradiewheels 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 Tradiewheels network.
- Tradiewheels is not be liable for any contact between You and any third party, including, but not limited to, contact made through the Tradiewheels network (for example through the vehicle enquiry form). You acknowledge that by placing an Ad on the Tradiewheels network, Your contact details (for example, telephone number) may be made available to the public and You grant Tradiewheels permission to make such details available on Your behalf.
- 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.
- Entire Agreement
These Advertising Terms and Conditions, the Application, Tradiewheels 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.
- Tradiewheels 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 Tradiewheels to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice Tradiewheels’ rights in any way. No waiver by Tradiewheels will be effective unless it is in writing and signed by Tradiewheels.
- 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.
- Tradiewheels 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 4-5 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.
- Tradiewheels has sole editorial control in relation to the production of all AVSs, including but not limited to watermarking, data purification and augmentation.
- Tradiewheels 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.
- Tradiewheels 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 Tradiewheels on the Tradiewheels network, any other website or other online or print based media;
- Tradiewheels may determine that an AVS may be used for Tradiewheels or Tradiewheels marketing purposes.
- You acknowledge that the AVS is owned by or licensed to Tradiewheels, 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 Tradiewheels or its Licensors and are to the extent necessary assigned by You to Tradiewheels. You will do all necessary things to give effect to this clause.
- You must comply with Tradiewheels’ reasonable directions in relation to Your use of the AVS and any editorial restrictions or instructions of Tradiewheels which Tradiewheels reasonably considers necessary to protect the reputation and integrity of Tradiewheels, 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 Tradiewheels 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.
- 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 Tradiewheels 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.
- Tradiewheels may suspend or terminate the AVS:
- Without notice, if Tradiewheels considers that Your use of the AVS is in breach of this Agreement; or
- Otherwise with prior notice, at any time.
- Payment Service
- Tradiewheels 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 Tradiewheels 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/Tradiewheels/
- 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 Tradiewheels 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 Tradiewheels or any website on which the Video Content is published or suggests any endorsement by or affiliation with Tradiewheels 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 Tradiewheels’ 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 Tradiewheels 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 Tradiewheels. However, by submitting Video Content to Tradiewheels, you grant a perpetual and irrevocable licence to Tradiewheels to;
- publish the Video Content on the Tradiewheels 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 Tradiewheels’ 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.
- Tradiewheels may remove Video Content without notice at any time and in its sole discretion.
- 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 Tradiewheels Network.
- Showcase placements are strictly limited and Tradiewheels 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.
- Tradiewheels 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.
- Tradiewheels may at any time in its sole discretion, add, remove, modify, enhance, re-issue, upgrade, suspend or discontinue the Showcase placement.
- Instant Offer Service
Use of the Tradiewheels Instant Offer Service is governed by the Tradiewheels Instant Offer Service Terms and Conditions which are available here.
- RedBook Inspect Service
When you complete a purchase of vehicle inspection services via the Tradiewheels Network, 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 9.0 (Mar 2019)