PartsOnline.com.au (“us” or “we”. Your
use of this site, including offering, selling, bidding and buying on this
site and other linke partsonline.com.au sites operated by us (collectively, the
“PartsOnline.com.au site”) is subject to the terms set out in this section 1, the
users of the PartsOnline.com.au site), our Privacy
Policy and any other rules,
guidelines and policies referred to in these terms (collectively, the
1.1 Transactions between sellers and buyers
We are not involved in the actual
transactions between sellers and buyers. We are merely a passive conduit for
the 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 PartsOnline.com.au site, the accuracy or
truth of any advertising listings on the PartsOnline.com.au site or the ability of sellers
and buyers to actually enforce or complete a transaction.
1.2 Placing an ad
(a) If you place an advertisement (“ad”)
on the PartsOnline.com.au site you must also comply with our Rules
for ad details.
the extent that you are legally able to, you hereby assign to us all
copyright in your ad and any content you provide to us ("Your
(c) You grant us and our related bodies corporate
(including partsonline.com.au) a royalty free licence to use, reproduce, modify,
adapt and sub-license your ad and Your Content (to the extent that it is not
owned by us under paragraph (b)) for the purposes of providing your ad and
Your Content in any other directory, product, service or marketing material
provided or used by us, our related bodies corporate or by a third party to
which we syndicate your ad or Your Content. You agree that this agreement
applies to the inclusion of your ads and Your Content in those other
directories, products, services and marketing materials.
(d) You agree
that we may transfer, assign, subcontract or novate any or all of our rights
and/or obligations under this agreement, and any other agreement between you
and us which includes or incorporates these Terms, at our absolute
discretion and without prior notice to you, to any third party whom we
reasonably consider will be able to carry out our obligations and deliver
any services you are entitled to under this agreement.
(e) You give your
irrevocable consent to PartsOnline.com.au in its absolute discretion reproducing,
publishing, copying, adapting, performing, communicating, showing or
exhibiting in or to the public, materially distorting, destroying,
mutilating, altering or in any other way changing or otherwise using the
your ads and Your Content, (or a substantial part or adaptation of it):
(i) with or without attribution of authorship;
(ii) with or without
any other materials comprised in the Work;
(iii) with or without any
other text, data, title, sounds or images (whether animated or not);
(iv) with no title, the same title, or any other title;
(v) in any medium; and
(vi) in any context,
in any way it sees
(f) Videos attached to PartsOnline.com.au
advertisements will be uploaded to YouTube and be available to be viewed
from a link in your advertisement. We reserve the right to remove your
videos, remove access from the Site to your videos or remove any links to
your videos, at any time, with or without reason.
(g) Since videos are uploaded to YouTube, you must agree to the YouTube
(h) You acknowledge that:
(i) even if we remove your videos, remove access from the Site to your
videos or remove any links to your videos, those videos may remain
available on YouTube; and
(ii) it may be possible for persons to view
your videos directly from the YouTube site without such persons seeing
1.3 Minimum age and legal rights to sell, buy or post comments
(a) You must be at least 18 years of age to
place an ad with us, or buy an item via the PartsOnline.com.au site, or submit any
questions, responses or comments (“Posts”) on the PartsOnline.com.au site.
(b) If you are
a seller you must be legally able to sell the item you are advertising.
1.4 Usage rules
(a) You warrant to us that you will not use
the PartsOnline.com.au site for any purpose (including if you are a seller, placing an ad)
that is unlawful or prohibited by the Terms.
(b) You must not:
(i) data mine or conduct automated searches on the PartsOnline.com.au site or the
content on the PartsOnline.com.au site, whether through the use of additional software
incorporate any of the content on the PartsOnline.com.au site with any other material,
including advertising or promotional material;
(iii) create links from the PartsOnline.com.au site to any other website on the
(iv) use the PartsOnline.com.au
site or any facilities available on the PartsOnline.com.au site (including discussion
forums) for any activities (including placing an ad), or transmit to or
via the PartsOnline.com.au site any information or material (including Posts), which:
(A) breaches any laws or regulations;
(B) breaches the Terms;
(C) infringes a third party's rights (including intellectual
property rights and rights of privacy) or misuses another person’s
(D) is inappropriate, offensive,
obscene, threatening, indecent, menacing, inflammatory,
pornographic, defamatory, discriminatory, harasses any person or
otherwise inhibits others from using or enjoying any of our sites
(including discussion forums);
(E) breaches the Member Communications Policy;
(F) is false or
(G) is an
unsolicited commercial electronic message;
another person (for example, by pretending to be someone else when
you submit a Post or register as a member) or uses another user’s
“My PartsOnline.com.au” account without permission; or
(I) identifies 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;
(v) make unauthorised modifications to the content on the PartsOnline.com.au site;
(vi) knowingly transmit any virus, worm, Trojan horse or other disabling
feature to or via the PartsOnline.com.au site; or
(vii) attempt to do, or permit
another person to do, any of the above acts.
(c) You may only buy or sell using the PartsOnline.com.au
Site if you reside in Australia, NZ, America and Canada.
(d) It is your responsibility to notify
us upon the sale of the item in your ad to ensure that the ad is removed
from the PartsOnline.com.au site and that you are no longer charged for your ad.
1.5 Our right to alter or withdraw your material
We may withdraw or alter any material you
provide us (including any Posts you submit and if you are a seller, your ad)
(a) we reasonably
consider it is inappropriate, offensive, misleading or deceptive,
defamatory, incorrect or in any other way in breach of the Terms (including
any rules, guidelines or policies), any law or third party rights; or
(b) we are instructed to do so by any third party; or
(c) otherwise in
accordance with our Intellectual Property Protection Policy, as amended from
time to time.
We also reserve the right to select, edit, condense,
determine the duration of, change the nominated "category" of, withdraw or
refuse your ad.
We will try to tell you if we withdraw or alter any
material you provide us. If you are a seller and we withdraw or alter your
ad other than as a result of a material breach of these Terms or in
accordance with this section 1.5 the cost of your ad would be lower as a
result, we will refund you the difference.
1.6 Transacting online with "Buy Now"
Please note: "Buy Now" ads are being phased
- From 11 July 2012, it is no
longer possible to place new "Buy Now" ads.
- From 1 August 2012, all
remaining "Buy Now" ads will be transitioned to Classified ads and there
will be no "Buy Now" ads listed on PartsOnline.com.au.
(a) Subject to clause 1.6(c), if you are a
registered seller or buyer, until 1 August 2012 you may use the “Buy Now”
selling method to enter into transactions with other registered users
on-line via this PartsOnline.com.au site.
(b) Buy Now - Sellers can use the “Buy Now”
selling method to advertise items at a fixed price and buyers can purchase
the items at this fixed price via the PartsOnline.com.au site. The transaction is notified
to both the seller and buyer through their "My PartsOnline.com.au" accounts and
via email and then the seller and buyer contact each other to organise
payment and delivery. As a buyer, when you click on the "Commit to Buy"
button, you are committing to enter into a legally binding contract to
purchase the item from the seller. We recommend that you read the full
listing for the item (including the seller's instructions and accepted
payment and delivery options) and investigate for yourself the suitability,
quality and condition of any items.
(c) As of 11 July 2012, it is no longer possible to place new "Buy Now" ads.
As a seller, when you advertise an item using the “Buy Now” method, you must
(i) you accurately and adequately describe the item and the full terms
of sale and choose the appropriate category for your ad;
(ii) the advertised item is within appropriate laws and is not a
prohibited item as set out in the Prohibited
(ii) all ad content complies with our Rules
for ad details.
(d) On the PartsOnline.com.au site there is 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 PartsOnline.com.au site (“Feedback and Ratings Service”). We
own any feedback and ratings provided as part of the Feedback and Ratings
Service but we permit you to use such feedback and ratings on the PartsOnline.com.au Site
provided you remain a registered seller or buyer. You must not use your
feedback or rating anywhere other than on the PartsOnline.com.au Site. You must not use any
feedback or ratings in a way that is inconsistent with or in breach of the
Terms or that may undermine the integrity of the Feedback and Ratings
Service. Additional terms on feedback and ratings are set out in the
Feedback and Ratings Policies.
1.7 Communications to you
(a) Any communications or notices we send
you in relation to your transactions or use of the PartsOnline.com.au site are not intended
to endorse or guarantee your transactions. We do not endorse or approve any
information provided to you by other users of the PartsOnline.com.au site and it is your
responsibility to exercise caution and practise safe trading when
transacting on the PartsOnline.com.au site.
(b) You may receive service related emails
from us and such messages will not include a functional unsubscribe
1.8 Manipulation and improper use
You must not manipulate, or interfere with,
any item or the price of any item advertised on the PartsOnline.com.au site.
(a) We will notify you the fees payable for
your use of the services available on the PartsOnline.com.au site and you will be
responsible for paying these fees in accordance with our Fees
and Surcharge Policy.
(b) To assist us in providing a safe online
trading environment for buyers and sellers, your credit card may be verified
before your registration is complete. This may cause a temporary charge to
be placed on your credit card to the value of $1. This is not a permanent
charge and will be removed as soon as possible once the authorisation is
complete. Time taken to remove the charge will vary depending on your
1.10 PartsOnline.com.au Good As Gone Guarantee
(a) The Good As Gone Guarantee no longer
applies on PartsOnline.com.au.
1.11 No Warranty
(a) We take all reasonable care in
compiling our online advertising. However, the information on the PartsOnline.com.au site is
provided 'as is' and we do not warrant or represent that it is complete,
current or free from errors or omissions.
(b) We accept ads 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 ads on the PartsOnline.com.au site 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 PartsOnline.com.au site. It is your responsibility to verify any
information on the PartsOnline.com.au site, or provided to you by other users of the PartsOnline.com.au site
before relying on it.
1.12 Our liability to you
(a) The terms that apply to our supply of
the PartsOnline.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.
(b) We accept our liability to you for breach of contract or negligence
under the principles applied by the courts, but:
(i) 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
(ii) we are not
liable for any loss to the extent it is connected with any dispute
between you and one or more other users of the PartsOnline.com.au site, including in
relation to transactions entered into with other users of the PartsOnline.com.au site;
(iii) 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);
(iv) 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;
(v) 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); and
(vi) we are not liable for any loss caused by the alteration, withdrawal
or restoration of any material in accordance with our terms and
(c) You release us and our related bodies
from all claims, demands, damages,
costs, penalties and liabilities whatsoever arising out of or in connection
with a dispute between you and any other user of the PartsOnline.com.au site.
1.13 Your liability to us
(a) 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).
(b) 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 the Terms.
1.14 Termination, suspension and limitation of your access - material breach
(a) We may bar, suspend, terminate or limit
your access to the PartsOnline.com.au site at any time if you are in material breach of the
(i) we have told you in writing of your breach and you have failed to
remedy it within the specified time frame; or
(ii) the breach is
something which cannot be remedied (in which case we can bar, suspend,
terminate or limit your access to the PartsOnline.com.au site immediately by telling
(b) If you are in material breach of
our terms and conditions and we have barred, terminated, suspended, or
limited your access, you must not circumvent this action by any means,
including but not limited to placing a further ad under another account name
or pseudonym. If we identify that this has taken place the ad will be
immediately removed without further notice to you and you will forfeit all
fees paid. Additional terms on barring, termination and suspension are set
out in the Warnings
and Suspensions Policy.
1.15 Our other rights to terminate, suspend or limit your access
We may suspend, terminate or limit your
access to the PartsOnline.com.au site with as much warning as we reasonably can, if:
(a) there is any non-payment of outstanding fees;
(b) 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 PartsOnline.com.au site (including
credit risk resulting from you not paying any fees owed to us on time);
(c) the law requires us to do so;
(d) we believe on reasonable grounds that providing access to the PartsOnline.com.au site to
you is illegal or may become illegal;
(e) there is an emergency; or
(f) we have received a serious complaint or multiple complaints regarding
your activity and/or membership.
1.16 Additional Guidelines and Policies
The following policies also apply to your
use of the PartsOnline.com.au site in addition to the other rules, guidelines, policies and
terms referred to elsewhere in these Terms. You agree to be bound by the
terms contained in these policies, rules and guidelines:
which are listed under PartsOnline.com.au Policies;
(b) rules which are listed
under Rules for ad details, and Category Rules;
(d) Third Party Listing Tools Guidelines.