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Welcome to Cairns Online Cars - Terms and
Conditions of use.
Cairns Online Cars .com is pleased to provide users with access to this web site.
By accessing or using this site users agree to be bound by these terms and
conditions of use and its amendments from time to time.
Conditions of use
Use of the CairnsOnlineCars.com website is for personal and non-commercial
use only. Except for the material held in users computers cache or a single
permanent copy of the material for your personal use. Users must not:
- Modify, copy,
distribute, transmit, display, perform, reproduce, publish or license any
Material;
- Use or attempt
to use any Material published on Cairns Online Cars .com to create any web site or
publication;
- Mirror or
frame any web site or page within on Cairns Online Cars .com;
- Use any
automated process of any sort to query, access or copy any Material on
Cairns Online Cars .com to generate or compile any document or database based on
the Material published on CairnsOnlineCars.com; or
- Transfer or
sell any information, functionality or products or services offered on
Cairns Online Cars .com without the written approval of Cairns Online Cars .com.
Cairns Online Cars .com may terminate the users right to
access and use this site at any time. Users are responsible for the use of the
Cairns Online Cars .com web site
whilst CCairns Online Cars .com takes care to ensure that the material on
Cairns Online Cars .com is correct, current and free from errors,
Cairns Online Cars .com does not warrant the accuracy or completeness of or the
representations made by the material on CairnsOnlineCars.com or any web site
that links from the Cairns Online Cars .com or any information received as a result
of using Cairns Online Cars .com.
The services and material made available on Cairns Online Cars .com are provided as
general information only. Cairns Online Cars .com does not warrant that the
services and material are 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 users do or don't
do anything; and may not be continually accessible or free from errors or
viruses.
If Cairns Online Cars .com suffers any loss or damage or incurs any cost in
connection with a breach by you of these terms and conditions you agree to
indemnify Cairns Online Cars .com for all such loss and damage.
About Cairns Online Cars .com
Cairns Online Cars .com publishes or makes available on this site information,
advertisements, product and service offers, vehicle data, Software and links
supplied by Cairns Online Cars .com and third parties (Material).
Cairns Online Cars .com does not warrant, represent, authorise or endorse the
reliability, accuracy or completeness of any such Material published on
Cairns Online Cars .com web site or on any web site that links from this.
Cairns Online Cars .com does not and cannot provide any warranty in relation to any
goods or services advertised for sale on this site 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.
Goods and services provided by Cairns Online Cars .com
If Cairns Online Cars .com offers goods or services to users of this web site,
including advertising any item for sale on Cairns Online Cars .com, 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
If goods and services are offered on or through Cairns Online Cars .com by
third parties (sellers):
- Vehicle prices
may not include government and statutory charges;
- Users of this
web site are responsible for all relevant searches including, any written off
vehicle register or register of security interests;
-
Cairns Online Cars .com 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;
-
Cairns Online Cars .com will not be responsible for the terms of any transaction
between users of this web site and any person; any goods or services purchased
by you from any person or; resolving any dispute between you and any person.
-
Cairns Online Cars .com 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 Cairns Online Cars .com requests sellers check this
information, it may be possible for information to be inaccurate.
Cairns Online Cars .com strongly recommends that users of
this web site check with the seller that all information in relation to their
goods and service is accurate.
Cairns Online Cars .com
Responsibility to users of this web site is Limited
Cairns Online Cars .com will only be liable to
users of this web site:
Where the law implies a term into these terms and
conditions which cannot be excluded and Cairns Online Cars .com breaches that
term. Provided that, where the breach relates to goods or services that are not
of a kind ordinarily acquired for personal, domestic or household use or
consumption and where it is fair and reasonable to do so Cairns Online Cars .com liability is
limited, at its option, to replacing, repairing or re-supplying the relevant
goods or re-supplying the relevant services; or if the claim arises from or in
connection with any deliberate breach of these terms and conditions or fraud by
Cairns Online Cars .com other than as set out above Cairns Online Cars .com , will not
be liable to users of this web site:
- For claims
arising out of or in connection with web site access and use of the
Cairns Online Cars .com and related services 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, 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.
- For the
purposes of this section, the term Cairns Online Cars .com will mean
Cairns Online Cars .com, its officers, employees, contractors and agents, whether
individually or collectively.
Copyright, Trademarks and Licence
Material on the Cairns Online Cars .com is ©
Cairns Online Cars .com 2009. All rights reserved. Unless otherwise indicated on
Cairns Online Cars .com, the material on Cairns Online Cars .com is owned by or
licensed to Cairns Online Cars .com and is subject to copyright. Users of this web
site may only copy or reproduce the Copyright Material for the purpose of
browsing Cairns Online Cars .com or making a copy for own personal, private or
research use, provided that such use constitutes fair use under the Copyright
Act; not alter or modify the Copyright Material or remove any legal notice
associated with it.
Cairns Online Cars .com product and/or services
referenced herein are trademarks or registered trademarks of
Cairns Online Cars .com. Other product and company names mentioned on
Cairns Online Cars .com may be the trademarks of their respective owners.
In consideration of Cairns Online Cars .com allowing users of this web site to
access and use Cairns Online Cars .com users grant to Cairns Online Cars .com a non
exclusive, payment free, perpetual, irrevocable licence to reproduce, modify,
delete, adapt and publish any material you post, upload or otherwise transmit
via Communications Services and to sub-licence the same for such purposes as
Cairns Online Cars .com determines from time to time (subject to the Cairns
Online Cars .com Privacy Policy).
Software Cairns Online Cars .com and/or its suppliers own all
software that is made available to download from Cairns Online Cars .com.
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.
Users of this web site must agree to the terms of the license agreement before
using the software.
If there is no license agreement, Cairns Online Cars .com grants users of this web
site a personal, non-transferable license to use the software for viewing and
otherwise using the Cairns Online Cars .com in accordance with these terms and
conditions, and for no other purpose. Users of this web site must not:
- Not copy,
reproduce, translate, adapt, vary or modify in whole or in part or the software;
- Not 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;
- Not introduce
or use any device, software or routine that interferes or attempts to interfere
with the operation of the software; or not sub-license, rent, lease, lend or
grant to any person any rights to use the software other than as set out in this
paragraph.
Communications
Cairns Online Cars .com may provide users of
this web site with the ability to communicate with Sellers, advertisers and
users of Cairns Online Cars .com through agreements, online forms, IVR, electronic
requests and enquires, bulletin boards, blogs, competition entries, online
forums and other forms of electronic messaging.
Users of this web site acknowledge that communications services may be public
and not private communications. Further, users of this web site acknowledge that
communication services should not be considered reviewed, screened, or approved
by Cairns Online Cars .com.
Use of the communications services is provided on conditions that users of this
web site do not do any of the following:
- Transmit any
information or material which is knowingly incorrect, misleading or deceptive;
- Transmit any
defamatory, infringing, obscene, indecent or unlawful information or material or
information;
- 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, or any other similar software or programs
that may damage the operation of another's computer;
- 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 Cairns Online Cars .com.
- Download any
file posted by another user of the communications that you know, or reasonably
should know, is unlawful or contrary to these terms and conditions.
Cairns Online Cars .com may, but has no obligation to do
so, review the use of the communications by you and delete, edit, refuse to post
or remove in whole or part any information or material uploaded or posted using
the communications services.
Cairns Online Cars .com may change these terms and conditions and
Cairns Online Cars .com may, in its absolute discretion modify or amend the terms
and conditions upon which goods or services are supplied by you including these
terms of use and such modifications will be binding upon you once displayed on
this web site. You should regularly check the terms and conditions displayed on
this web site.
Cairns Online Cars .com may cease to provide you with access to
Cairns Online Cars .com or any of its services without notice.All rights not
expressly granted are reserved.
Version 1 (April 2009)
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