Advertising Terms and conditions

1. What is the Effect of This Agreement

This Agreement applies to:

the publication by carsales.com Ltd and/or its related bodies corporate (carsales) of the advertisement submitted by you, the person named and described in the online application (You);
the administration of Your account with carsales; and
the supply of any additional services (Services) by carsales to You.

2. Placing an Advertisement

In order to place an advertisement (Ad) for an item (Item) You must:

be 18 years or over;
set up an account with carsales;
be a private or non-commercial advertiser - You will not be considered a private or non-commercial advertiser by carsales if you:
1. are a licensed dealer and intend to sell the Item featured in your Ad from your dealership;
2. advertise for sale any Item as an agent for its owner; or
3. 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.

3. 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 carsales from time to time;
describe the advertised Item accurately;
comply with any relevant carsales 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 carsales the licence contained in clause 8 of these Advertising Terms and Conditions) before submitting the Ad to carsales for publication;
if requested, provide carsales 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:
1. sold; or
2. withdrawn by You from sale.

4. What You Must Not Do

You must not offer for sale any Item:
1. not located in Australia;
2. that is not immediately available for sale - such as an Item which you seek to auction or rent or an Item subject to syndication;
3. 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;
4. that You are not the owner of; or
5. in all other cases, which You do not have the right to sell.
You must not submit an Ad which:
1. includes an offer of or referral to any services, for example finance;
2. does not comply with all relevant laws;
3. infringes the intellectual property rights of any person including any company or organisation;
4. is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
5. 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);
6. comprise anything which may adversely reflect on carsales or any website on which Your Ad is published; or
7. include references or links to other websites or HTML enhancement text;
8. offers more than one primary Item (such as a motor vehicle, boat or caravan) in a single 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 carsales account information or Your Ad.

5. 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;
if the Item is registered (such as a registered motor vehicle) include at least one image in which the registration is clearly visible;
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.

6. Publication of Ads

carsales is not bound to publish Your Ad until accepted by carsales. Your Ad is accepted when carsales publishes Your Ad.
If accepted, carsales will publish Your Ad as set out in the Application on the terms and conditions of this Agreement.
Carsales' acceptance of Your Ad does not create any relationship of agency between You and carsales.
carsales may republish Your Ad on such other websites, search engines, applications and print or other media as carsales 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, carsales 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 carsales, its employees or agents.
carsales may refuse to publish, withdraw or terminate the publication of Your Ad (or any part of your Ad) if:
1. carsales 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
2. You breach this Agreement; or
3. You have not logged on to the administration pages of Your Ad for more than 21 days; or
4. carsales determines, in its absolute discretion without notice, that such refusal, withdrawal or termination is appropriate.
Despite anything in this Agreement, carsales 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.
Third party offers to republish Your Ad in print or other media are subject to separate terms and conditions. carsales 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.

7. Cancellation and Withdrawal of Ads

Once Your Application is submitted to carsales 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.

8. Intellectual Property Rights

You hereby grant to carsales in respect of all copyright materials included in Your Ad or materials otherwise submitted by You to carsales, a perpetual, royalty free and irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilise in any manner those materials.

9. Payment

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 carsales 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.

10. Ordering and use of the PrivacyProtect Service

Call Rates and other Charges

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 carsales from time to time, is dependent upon those Carriers and will only be supplied to You to the extent that it is supplied to carsales 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 carsales’ reasonable directions in relation to Your use of the PrivacyProtect Service.
You consent to carsales 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.
carsales 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 carsales 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 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 carsales.
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 and 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 carsales’ reasonable satisfaction otherwise, carsales may rely conclusively on information supplied by Carriers in relation to the use of the PrivacyProtect Service.
Without limiting the terms of this Agreement, carsales will not be liable for any failure to supply the PrivacyProtect Service in whole or in part.

11. Termination / cancellation of PrivacyProtect Service

The TPN will be displayed with Your Ad/s until:
1. Your call credit is exhausted and You have not re-credited Your account;
2. You cancel the PrivacyProtect Service or Your Ad/s; or
3. Your Ad/s cease to be published on the carsales network for any reason.
If the TPN is removed from Your Ad, the TPN will be deactivated and:
1. Calls to the TPN will cease to terminate at the nominated number;
2. The TPN will be held for a grace period of 7 days; and
3. 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 12 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 reation 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 12 months from the date the last of Your Ads with the PrivacyProtect Service was cancelled. If the credit is not used within the 12 month period, the balance of the call credit will be forfeited and You will not be entitled to a refund.
carsales may suspend or terminate the PrivacyProtect Service:
1. without notice, if carsales considers that Your use of the PrivacyProtect Service is in breach of this Agreement; or
2. otherwise with prior notice, at any time, If carsales terminates the PrivacyProtect Service without cause You will be entitled to a refund of the remaining call credit in Your account.

12. Your warranties to carsales

You represent and warrant to carsales 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 carsales the licence contained in clause 8 of these Terms and Conditions;
all contact and other details You have provided to carsales are accurate; and
Your use of the carsales network will comply with the terms and conditions set out in this Agreement and any other requirements or directions issued by carsales from time to time.

13. You Indemnify carsales

You indemnify carsales 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 carsales 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 carsales or any other person of Your Ad;
the sale or offering for sale of any Item.

14. carsales 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 carsales are HEREBY EXCLUDED.
To the full extent permitted by law, carsales will only be liable to You:
1. 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 carsales is limited, at carsales’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (C) paying the cost of such replacement, repairs or supply; or
2. 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 carsales.
To the full extent permitted by law, carsales will not be liable to You:
1. 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
2. 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 carsales will mean carsales, its officers, employees, contractors and agents, whether individually or collectively.
This clause will survive the expiration or termination of this agreement.

15. Privacy

To read how carsales collects, uses and discloses Your personal information click here.
Please be aware that as an advertiser on the carsales network You may receive 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 carsales 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 carsales network.
carsales is not be liable for any contact between You and any third party, including, but not limited to, contact made through the carsales network (for example through the vehicle enquiry form). You acknowledge that by placing an Ad on the carsales network, Your contact details (for example, telephone number) may be made available to the public and you grant carsales permission to make such details available on Your behalf.

16. 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.

17. Entire Agreement

These Advertising Terms and Conditions, the Application, carsales 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.

18. General

carsales 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 theses 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 carsales to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice carsales' rights in any way. No waiver by us will be effective unless it is in writing and signed by us.

Version 5.0 (July 2011)

CARSALES NETWORK ADVERTISING TERMS AND CONDITIONS