We recommend that you carefully read these Terms before you use the Parts Online.com.au / theWreckers.com.au site. If you do not agree to these Terms, you should not use the Parts Online.com.au / theWreckers.com.au site. 

1.

From time to time, we may need to change these Terms to reflect our changing business. We may also need to change these Terms if we are required by law, for security reasons or for technical or infrastructure reasons.

2.

We may change the Terms at any time by posting the changed Terms on the Parts Online.com.au / theWreckers.com.au site and by posting a notice to users on our homepage stating that a change has occurred. If you are a seller, these changes will not apply to advertisements that you have already placed through the "Add Parts or Add a Damaged Car for Sale" system on this Parts Online.com.au / theWreckers.com.au site.

General Terms for all users
Parts Online.com.au / theWreckers.com.au site

3.

The Parts Online.com.au / theWreckers.com.au site is an online advertising medium and marketplace that both advertises items for sale via traditional "Contact Me" advertising (where potential buyers can browse listings and then purchase items by contacting sellers and negotiating the sale privately) and also enables registered sellers and buyers to enter into transactions with each other on-line via the Parts Online.com.au / theWreckers.com.au site

4.

We are not involved in the actual transaction between sellers and buyers. We are merely a passive conduit for the on-line distribution and publication of information about items advertised for sale. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on the Parts Online.com.au / theWreckers.com.au site, the accuracy or truth of any advertising listings on the Parts Online.com.au / theWreckers.com.au site or the ability of sellers and buyers to actually enforce or complete a transaction.

Copyright 

5.	Copyright in the content on the Parts Online.com.au / theWreckers.com.au site and in the Parts Online.com.au / theWreckers.com.au site itself (as a compilation of information) is owned by us, our advertisers or content suppliers.

Feedback and Ratings, Trading Ideas, Questions & Answers and Make an Enquiry Services 

6.

Given authenticating identity on-line is difficult, we make no warranties about the authenticity of a registered user's identity. Instead, we have a user initiated feedback system where as a registered seller or buyer, you may provide feedback and give a rating to other sellers and buyers that you have entered into a transaction with via the Parts Online.com.au / theWreckers.com.au site.

Usage rules

12.	You must comply with these Terms when accessing and using the Parts Online.com.au / theWreckers.com.au site.
13.	You warrant to us that you will not use the Parts Online.com.au / theWreckers.com.au site for any purpose (including if you are a seller, placing an advertisement for sale) that is unlawful or prohibited by these Terms.
14.	The Parts Online.com.au / theWreckers.com.au site and the material contained on it are supplied solely for reference purposes.
15.	You may download and print individual advertising listings from the Parts Online.com.au / theWreckers.com.au site for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the Parts Online.com.au / theWreckers.com.au site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the advertising listings on the Parts Online.com.au / theWreckers.com.au site for commercial purposes or for commercial gain.
16.	In addition, you must not:
	a.	data mine or conduct automated searches on the Parts Online.com.au / theWreckers.com.au site or the content on the Parts Online.com.au / theWreckers.com.au site, whether through the use of additional software or otherwise;
	b.	incorporate any of the content on the Parts Online.com.au / theWreckers.com.au site with any other material, including advertising or promotional material;
	c.	create HTParts Online.com.au / theWreckers.com.au links from the Parts Online.com.au / theWreckers.com.au site to any other website on the Internet, or frame or mirror the Parts Online.com.au / theWreckers.com.au site without our prior written consent;
	d.	use the Parts Online.com.au / theWreckers.com.au site or any facilities available on the Parts Online.com.au / theWreckers.com.au site for any activities, or transmit to or via the Parts Online.com.au / theWreckers.com.au site any information or material (including submitting advertisements or Posts), which: i. breach any laws or regulations; ii. breach these Terms; iii. breach the Guidelines; iv. infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets); v. are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential; vi. are false or misleading; vii. are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or viii. identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority;
	e.	use the Parts Online.com.au / theWreckers.com.au site or any facilities available on the Parts Online.com.au / theWreckers.com.au site to defame, harass, threaten, menace or offend any person;
	f.	tamper with, hinder the operation of, or make unauthorised modifications to the Parts Online.com.au / theWreckers.com.au site or any content on the Parts Online.com.au / theWreckers.com.au site;
	g.	knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the Parts Online.com.au / theWreckers.com.au site;
	h.	use the Parts Online.com.au / theWreckers.com.au site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or
	i.	attempt to do, or permit another person to do, any of the above acts.
	We will tell you if we do this and if you are a seller and we withdraw or alter your advertisement and the cost of your advertisement would be lower as a result, we will refund you the difference.

Minimum Age and Legal Rights to Sell

18.	a.	You must be at least 18 years of age to place an advertisement with us, buy an item via the Parts Online.com.au / theWreckers.com.au site or submit a Post.
	b.	If you are a seller you must be legally able to sell the item you are advertising.

Verification

19.

We reserve the right (but are not required) to verify the availability of items offered for sale, and to verify the information contained in any Posts. You agree that we may access your records and systems and/or contact you for the purposes of verification or clarification. You agree to provide such additional information as we reasonably require.

Other websites 

20.	The Parts Online.com.au / theWreckers.com.au site may contain links to other websites which are not maintained or controlled by us or our related companies ("third party site"). Third party sites are not part of the Parts Online.com.au / theWreckers.com.au site. These links are provided by us solely for your convenience.
21.	We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave the Parts Online.com.au / theWreckers.com.au site and do so entirely at your own risk.

Access to Parts Online.com.au / theWreckers.com.au site outside Australia 

22.	We do not represent or warrant that the content on the Parts Online.com.au / theWreckers.com.au site complies with the laws of any country outside of Australia. If you access the Parts Online.com.au / theWreckers.com.au site from outside Australia, you do so at your own risk.

No offer where illegality arises

24.	Nothing on the Parts Online.com.au / theWreckers.com.au site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

Privacy 

25.	We collect, use and disclose personal information in accordance with our Privacy Policy.
27.	For information on entering and using the password that will be allocated by us on your registration as a new seller or buyer, please see Password Rules. You agree to comply with these rules in respect of any password assigned to you by us for use on this site.

No Warranty  

30.

We provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to the Parts Online.com.au / theWreckers.com.au site. However, availability of our services and access to the Parts Online.com.au / theWreckers.com.au site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to the Parts Online.com.au / theWreckers.com.au site will be continuous, uninterrupted, timely, fault free, virus free or secure.

31.

We accept advertisements in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised in advertisements on the Parts Online.com.au / theWreckers.com.au site or in any of our print publications will be suitable for any particular purpose, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on the Parts Online.com.au / theWreckers.com.au site or in any of our print publications, and it is your responsibility to verify any information on the Parts Online.com.au / theWreckers.com.au site or in any of our print publications before relying on it.

Our liability to you 

32.	The terms that apply to our supply of the Parts Online.com.au / theWreckers.com.au site are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.

33.	We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but:

	a.	we do not accept liability to you for losses that result from your use of our services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to re-supplying, repairing or replacing the relevant goods or services (or payment of the cost of re-supply, repair or replacement) where it is fair and reasonable to do so;
	b.	we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
	c.	we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
	d.	we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).

Your liability to us 

34.	You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example through our negligence or breach of contract).
34A	You agree to indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of these Terms.

Termination, suspension and limitation of your access - material breach by you  

35.	We may suspend, terminate or limit your access to the Parts Online.com.au / theWreckers.com.au site at any time if:

	a.	you are in material breach of these Terms; and
	b.	we have told you in writing of your breach and you have failed to remedy it within 14 days of us telling you; or
	c.	the breach is something which cannot be remedied (in which case we can cancel the service immediately by telling you).

Our other rights to terminate, suspend or limit your access  

36.	We may suspend, terminate or limit your access to the Parts Online.com.au / theWreckers.com.au site with as much warning as we reasonably can, if:

	a.	we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the Parts Online.com.au / theWreckers.com.au site (including credit risk resulting from you not paying any fees owed to us on time);
	b.	the law requires us to do so;
	c.	we believe on reasonable grounds that providing access to the Parts Online.com.au / theWreckers.com.au site to you is illegal or may become illegal; or
	d.	there is an emergency.

Agency 

37.	We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms.

Severability 

38.	If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

No waiver

39.

If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of these Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.

Governing Law  

40.	These Terms (and your dealings with us) are subject to the laws of Victoria, Australia.

Specific Terms for all Advertisers

Advertising rules

41.	Your advertisement may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. In addition, any phone number provided by you for listing in an advertisement must be yours, or you must have permission to use it. You must ensure that any phone number listed in your advertisement is correct. We reserve the right to modify or refuse any advertisement in which the name or other text at the beginning of the advertisement is considered by us: to exceed that necessary to identify you or the item; to be designed to secure unfair alphabetical advantage over other advertisements or advertisers; or is not used for normal trading.
42.	You hereby assign all copyright in your advertisement to us.
43.	Where GST is applicable on any items you advertise the advertised price must be inclusive of GST.
45.	Subject to these Terms, we will use our reasonable endeavours to publish advertisements in the format submitted by you and in accordance with your placement instructions. However, we make no guarantees or representations regarding placement of your advertisement or the content of advertisements grouped with your advertisement. We also reserve the right to select, edit, condense, determine the duration of, change the nominated "Category" of, withdraw or refuse an advertisement.
47.	You agree that we have an unfettered right to use (in any way we see fit) any copyright subsisting in your advertisement. In this regard, it is your responsibility to procure any necessary moral rights consents from authors of work you submit as part of your advertisement.
50.	Selling or buying via the Parts Online.com.au / theWreckers.com.au site is available to both private and commercial advertisers. Private advertisers may place "Contact Me," "Buy Now" and "Make an Offer" advertisements. These advertisements may be placed using the "Add Parts" system on this Parts Online.com.au / theWreckers.com.au site. Commercial advertisers may only place "Contact Me" advertisements. These advertisements may be placed via the "Add Parts" system on this Parts Online.com.au / theWreckers.com.au site or the "National Dealer System" interface.
51.	If you are a commercial advertiser in Victoria, section 29 of the Fair Trading Act 1999 (Victoria) applies to your advertisement. Section 29 of the Fair Trading Act 1999 (Victoria) requires businesses to identify themselves in their advertisements by publishing the name and/or address of the business, the business registration or licence number, or the business name registration number. If you fail to identify your business by publishing these details, then we must keep a record of your name and address for at least 12 months.
52.	If you are a commercial advertiser in Tasmania, section 23 of the Fair Trading Act 1990 (Tasmania) applies to your advertisement. Section 23 of the Fair Trading Act 1990 (Tasmania) prohibits businesses from listing their address as a private box number unless the advertisement also includes the business' name and business address or the name and residential address of the person who has rented or obtained the private box number.
54.	It is your responsibility to notify us upon the sale of the item in your advertisement to ensure that the advertisement is removed from this Parts Online.com.au / theWreckers.com.au site and our printed publications and that you are no longer charged for your advertisement.
55.	The Fair Market Value of a particular item is governed by the principles of supply and demand. If an item is in short supply and there is a high demand, the Fair Market Value increases in favour of the seller - producing a "Seller's Market". If an item is in plentiful supply with little demand, the Fair Market Value reduces in favour of the buyer - resulting in a "Buyer's Market". This is based on the accurate appraisal of the condition of the item to be advertised - according to the "key to abbreviations" below: