Terms & conditions of use
Welcome to Partsales
Partsales is pleased to provide you with access to the website located at www.Partsales.com (Partsales site) operated by carsales.com limited (Partsales).
By accessing or using the Partsales site 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 Partsales site) as amended from time to time.
1. About Partsales
a. Partsales publishes or makes available on the Partsales site information, advertisements, product and service offers, software and links and other content supplied by Partsales and third parties (material). Partsales does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such material published on the Partsales site or on any web site that links from the Partsales site (including third party display advertisements).
b. Partsales does not provide any warranty in relation to any goods or services advertised for sale on the Partsales 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.
2. Personal and non-commercial use only
a. Use of the Partsales site is for your personal and non-commercial use only. Except for material held in your computer's cache or a single permanent copy of material for your personal use and subject to the exception in clause 5(c), you must not without the prior written approval of Partsales:
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material obtained from the Partsales site;
- use or attempt to use any material published on the Partsales site to create any web site, publication or searchable database;
- mirror or frame any web site or page within the Partsales site;
- use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any material on the Partsales site or generate or compile any document, index or database based on the material published on the Partsales site;
- transfer or sell any information, functionality or products or services offered on the Partsales site; 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 Partsales 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 Partsales' interests, then Partsales may immediately terminate your right to access and use the Partsales site 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 Partsales site.
3. You are responsible for your use of the Partsales site
a. Partsales does not warrant the accuracy or completeness of or the representations made in material on the Partsales site or any web site that links from the Partsales site or any information received as a result of using the Partsales site. You are responsible for assessing the accuracy of all material and rely on it at your own risk.
b. The services and material made available on the Partsales site 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 Partsales against any liability, loss, claim or demand if Partsales (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.
4. Partsales' 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 Partsales are hereby excluded.
b. To the full extent permitted by the law, Partsales 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 Partsales is limited, at Partsales' 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 4(d), if your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Partsales.
c. Subject to subclause 4(b), and except to the extent that liability cannot be excluded, Partsales, will not be liable to you for claims arising out of or in connection with your access and use of the Partsales site 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, Partsales 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 Partsales will mean carsales.com ltd, its related bodies corporate, and all their officers, employees, contractors and agents, whether individually or collectively.
f. These terms and conditions will survive the expiration or termination of this agreement.
5. Copyright, trademarks and license
a. Material on the Partsales site is © carsales.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 Partsales. Unless otherwise indicated on the Partsales site, the material on the Partsales site is owned by or licensed to Partsales and is subject to copyright (the "copyright material").
b. You may:
- except where Partsales provides you functionality to reproduce any copyright material and you do so in accordance with clause 5(c)), only copy or reproduce the copyright material for the purpose of browsing the Partsales site or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the copyright act; and
- not alter or modify the copyright material in any way or remove any legal notice associated with it.
c. You may reproduce the copyright material only through functionality made available by Partsales on the Partsales site, including by using any sharing tools to share the copyright material on social networks or by displaying the copyright material using the Partsales embedded video player. If you use the Partsales embedded video player on your website, you may not modify, build upon, or block any portion or functionality of the Partsales embedded video player, including but not limited to links back to the Partsales site and comply with any other restrictions notified to you by Partsales.
d. You acknowledge and agree understand that when accessing the Partsales site, you will be exposed to material from a variety of sources and that, while Partsales will use reasonable endeavours to remove inaccurate, offensive, indecent, or objectionable material, you may be exposed to such material and you agree to waive any rights you have or may have against Partsales with respect to that material.
e. Product and company names mentioned on the Partsales site may be the trademarks of their respective owners. Nothing displayed on the Partsales site should be construed as granting you any intellectual property rights including the right to use any trademark, without Partsales' (or the relevant owner's, if applicable) express written consent.
6. Partsales and your privacy
7. Partsales membership
(a) If you choose to become a member of Partsales, additional products and services may be made available to you.
(b) By becoming a Partsales member, you agree to receive electronic communications from Partsales 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.
8. Communications services
(a) Partsales may provide you with the ability to communicate with Partsales, sellers, advertisers and users of the Partsales site 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 carsales you should not however, consider communication services to have been reviewed, screened, or approved by Partsales.
(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 defamatory, infringing, obscene, indecent or unlawful information or material or information;
- 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 Partsales' 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 Partsales.
- 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 carsales from providing services to any other persons or which may threaten the integrity or use by any person of the Partsales site.
- authorise, aid, abet encourage or incite any person to do any of the above acts.
(d) Partsales 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. Where Partsales 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 Partsales, 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.
9. Software services
(a) Any software, including html code and activex controls, that is made available to download from the carsales network ("software") is owned by carsales 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, carsales grants you a personal, non-transferable license to use the software for viewing and otherwise using the carsales 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.
10. Buyers and sellers on the Partsales site
In order to transact on the Partsales site, you must agree to the Partsales user agreement which is available here. To the extent of any inconsistency between these terms and conditions and the Partsales user agreement, the Partsales user agreement will prevail to the extent of the inconsistency.
11. 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.
12. Partsales may change these terms and conditions
(b) Partsales may cease to provide you with access to the Partsales site or any of its services without notice.
(c) All rights not expressly granted are reserved.
13. Contact Partsales
If you have a question, problem or complaint or need to contact us:
Location: level 4, 449 Punt Road, Richmond Vic 3121
Postal address: locked bag 9001, Richmond Vic 3121
Phone: (03) 9093 8600
(Version 2, May 2017)