Terms & Conditions of Use
JUST AUTO Network
- Just Magazines Pty Ltd - Auto Trader Australia PTY LTD -
1.1 The JUST AUTO Network
Welcome to Just Magazines Proprietary Limited's Terms & Conditions of Use ("Terms & Conditions"). The Terms & Conditions govern your use of www.justauto.com.au and affiliated sites including but not limited to www.justcars.com.au, www.justbikes.com.au, www.just4x4s.com.au, www.justparts.com.au, www.justtrucks.com.au, www.autotrader.com.au and www.justheavyequipment.com.au ("the JUST AUTO Network"). The JUST AUTO Network is an online advertising space which enables potential Buyers to browse listings and purchase items through contacting Sellers and arranging privately-negotiated sales. The JUST AUTO Network also enables users to connect with one another to share in their automotive interests.
Just Magazines Pty Ltd & Auto Trader Australia PTY LTD also operates print advertising in hard copy publications. The JUST AUTO Network can be used to place advertisements in these publications. These Terms & Conditions apply to those who use the JUST AUTO Network for the purposes of listing an item(s) for sale in our hard copy publications.
In the Terms & Conditions:
1.3 Agreement to the JUST AUTO Network Terms & Conditions
By accessing, using or registering to become a member of the JUST AUTO Network you become bound by these Terms & Conditions as amended from time to time. Each time you visit or use the JUST AUTO Network you confirm your agreement to be bound by and acknowledge any changes to the Terms & Conditions.
The Terms & Conditions are binding on you from the earlier of your registration date or 4 December 2009.
In addition to the Terms & Conditions, Just Magazines may also publish Policies, which are accessible at www.justauto.com.au. The content of the Policies as amended from time to time forms part of the Terms & Conditions.
1.4 Additional terms when transacting with us
If we offer services to you, including advertising any item for sale on the JUST AUTO Network, these services may be subject to additional terms and conditions. These include our Commercial Advertising Contract Terms & Conditions. In the event of any inconsistency between these Terms & Conditions and the additional terms and conditions, the latter will prevail to the extent of the inconsistency.
1.5 Changes to the Terms & Conditions
We reserve the right to amend the Terms & Conditions from time to time. Amendments to the Terms & Conditions cannot be made orally. Except as otherwise stated in these Terms & Conditions or as otherwise notified to you, all amendments will be automatically effective 30 days from the date of the change.
You undertake to periodically check the Terms & Conditions for changes. We will notify registered members of material changes to the Terms & Conditions via email before or as soon as practicable after the change.
If you do not agree with any change to the Terms & Conditions you must terminate your membership of the JUST AUTO Network. If you continue to be a JUST AUTO Network user after changes to the Terms & Conditions have become effective, you will be deemed to have accepted the amendment.
If you commit a material breach of the Terms & Conditions, we may suspend, cancel and/or terminate your account and membership. If we suffer any loss or damage or incur any cost in connection with your breach you agree to indemnify us for all such loss and damage.
3 Access and interference
We will endeavour to ensure minimal service interruptions on the JUST AUTO Network and to give members prior warning of any service outages where reasonably practicable. Where, however, there is an unavoidable service interruption or interference, we do not accept any liability for any loss or inconvenience caused as a result.
4 Membership and accounts
All members of the JUST AUTO Network are issued with accounts.
4.1 Membership eligibility
Membership of the JUST AUTO Network is only available to, and may only be used by, individuals or entities capable of entering into legally binding contracts under Australian law.
You must be at least 18 years of age to list an item for sale on the JUST AUTO Network.
If you are a Seller you must be legally able to sell the item you are listing.
If you are not at least 18 years of age and/or are (or become) incapable of entering into a legally binding contract under Australian law you must not use the JUST AUTO Network for the purposes of selling items on the JUST AUTO Network.
4.2 Non-transferable membership
Your membership is non-transferable. Your account may not be assigned, transferred, sold, or otherwise dealt with in any way. You cannot allow another person to use your account nor can you transfer or sell your membership to another party without our written consent.
4.3 Account security
In order to maintain the security of your account, you agree that:
5 Obligations of JUST AUTO Network users
5.1 Members must control their accounts
You undertake to maintain active control of your account. You are responsible for the conduct of your account and agree to notify us of any unauthorised use of your account.
5.2 You must be contactable
You must maintain and regularly check a valid and operative email account through which we can contact you.
5.3 Responsible use of the JUST AUTO Network
You warrant that you will not use the JUST AUTO Network for any purpose that is unlawful or prohibited by the Terms & Conditions. Without limitation, you must not, without our express consent:
5.4 ‘Share' function
Where the JUST AUTO Network allows you to utilise the ‘Share' function, you warrant that the person with whom the information is being shared consents to receiving the information. Further, if your conduct breaches or may breach the SPAM Act 2003 (Cth) you undertake to indemnify us against all costs associated with the running, settling or defending of any action, claim or demand arising out of or in respect of your breach.
5.5 We may alter or remove posted content
We may alter or remove any content you post on the JUST AUTO Network if we consider that it has been posted in breach of your responsible use obligations, or is otherwise inappropriate, offensive, misleading or deceptive, defamatory, unlawful or incorrect.
We may also alter or remove posted content if instructed or required to do so by a third party.
6 Sellers' obligations
6.1 Your rights and obligations when listing an item for sale
By listing an item for sale via the JUST AUTO Network you make the following warranties:
We reserve the right to select, edit, augment, condense, determine the duration of, change the nominated "category" of, or refuse your listing. This includes where information is supplied by third parties and in the case of motor vehicles is based on make, model, series and year. If we refuse your listing and you are a Dealer you will not be entitled to a refund of the listing fee. If you are a Private Seller and we refuse your listing we will provide you with a full refund of the listing fee.
You must not include any external links in your listings to any items that are identical to items you have advertised on the JUST AUTO Network that are priced lower than the advertised price as stated on the JUST AUTO Network.
6.2 Listings containing errors
You agree to take responsibility for reviewing and verifying the content of your listings and checking for any errors (including errors related to compliance with section 29(g) Competition and Consumer Act 2010. If we make an error in publishing your listing, we undertake to correct the error free of charge but are otherwise not liable for any loss or inconvenience incurred as a result of any error.
6.3 Listings containing images of vehicles
If you are selling a vehicle and wish to include a photograph in your listing, any image that you provide in your listing must be a current photograph of the exact vehicle that you are offering for sale.
6.4 You must complete transactions
When you enter into a transaction with a Buyer you create a legally binding contract with that Buyer (except where the transaction is prohibited by law or by the Terms & Conditions). You must complete any transaction lawfully entered into. You are responsible for ensuring that you comply with your obligations to the Buyer. If you fail to comply with your obligations to the Buyer you may become liable to them.
Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, could render the transaction void or unlawful.
If a Buyer breaches or is alleged to have breached any obligation to you, you (and not us) are responsible for enforcing any rights that you may have against that Buyer on the basis of relevant law and your privately-negotiated contract.
6.5 You must notify us of sales
It is your responsibility to notify us upon the sale of any item in your listing to ensure that your listing is removed from the JUST AUTO Network.
6.6 Item presumed sold if listing not accessed for 2 months
If you fail to access your listing for 2 months and do not contact us, we will presume your item has been sold and reserve the right to remove your listing without providing notice to you.
6.7 Private Sellers deemed to be a Dealer
Where you have advertised as a Private Seller but are operating a registered business of buying, selling or exchanging motor vehicles, you are deemed to be a Dealer. In that event, any Private Seller listings you have created will be automatically converted into Dealer listings. We reserve the right to charge you the standard listing fees for effecting the conversion(s).
7 Additional Dealer obligations
7.1 Your obligations as Dealer
If you are a Dealer, your obligations incorporate the obligations of Private Sellers.
7.2 Price disclosure obligations
If you are a Dealer, you undertake to comply with the Competition and Consumer Act 2010 and in particular section 29(g) thereof. You are legally bound to include in your advertisement the purchase price as well as any tax, duty, fee, levy or charge payable by the consumer to you for the supply of the vehicle. However, you are not required to include any tax, duty, fee, levy or charge that is paid directly by the buyer to the relevant authority.
The law around advertising of prices for motor vehicles was amended in May 2009. If you wish to cite a component of a price in your listing, you must also provide an all-inclusive single price for the vehicle. The single price is the minimum total cost, which is capable of being calculated as at the date of the listing, for which the consumer can acquire the vehicle. The single price must incorporate the vehicle purchase price, stamp duty, compulsory third party insurance, registration and any dealer delivery fees.
The single price must be displayed prominently in the listing. Further, it must be displayed at least as prominently as the most prominent component in the listing. "Prominent" means clear, eye-catching and easily noticeable.
For further information please refer to the Australian Competition & Consumer Commission's Pricing Manual for the Motor Vehicle Industry, available at http://www.accc.gov.au/content/item.phtml?itemId=871382&nodeId=3e0b7c8d8fe9a9614012a33f5e82c2c6&fn=Pricing%20manual%20for%20the%20motor%20vehicle%20industry.pdf.
8 Buyers' obligations
Your obligations as a Buyer are as follows:
We will not be responsible for the terms of any transaction between you and any Seller; the nature, quality, characteristics or performance any goods purchased by you from a Seller, or; resolving any dispute between you and any Seller.
We do not offer any form of insurance or other Buyer or Seller protection which will assist you, because the JUST AUTO Network merely provides an online forum for users to offer, sell, and buy. We are not otherwise involved in transactions and interactions between Buyers and Sellers.
8.1 You must complete transactions
When you enter into a transaction with a Seller you create a legally binding contract with that Seller (except where the transaction is prohibited by law or by the Terms & Conditions). You must complete any transaction lawfully entered into. You are responsible for ensuring that you comply with your obligations to the Seller as agreed between you and the Seller and as imposed by law. If you fail to comply with your obligations to the Seller you may become liable to them.
Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
If a Seller breaches or is alleged to have breached any obligation to you, you (not us) are responsible for enforcing any rights that you may have on the basis of your privately-negotiated contract and any relevant law.
9 Communications Tools
Through the JUST AUTO Network, we may provide you with the ability to communicate with us, with other users of the JUST AUTO Network, and with advertisers. We may enable you to communicate through facilities including but not limited to online forums, direct message, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums and other forms of electronic messaging ("Communications Tools"). These Communications Tools include the "follow", "alert" and "projects" functionalities. You acknowledge that Communications Tools may be public communications. You also acknowledge that Communications Tools may not be reviewed, screened, or approved by us.
You must not use the Communications Tools:
We reserve the right to review your use of the Communications Tools and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Tools, at our discretion.
10 Suspension, cancellation and termination of accounts
Without limiting other remedies available to us at law, in equity or under the Terms & Conditions, we may, without notice to you and in our sole discretion (which shall be exercised reasonably in the circumstances) delay listing your item or publishing content posted by you, issue you a warning, restrict your activities through the JUST AUTO Network, suspend or terminate your membership and refuse to provide you with access to the JUST AUTO Network to you if:
In the event that we restrict your activities on the JUST AUTO Network or suspend, terminate or restrict your membership, you may not be able to access the JUST AUTO Network temporarily or permanently and you are prohibited from applying for a new account.
For security, confidentiality and privacy reasons, we are not obligated to provide you or other users with the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.
11 Fees and payments
11.1 Your obligations
You are responsible for paying all fees associated with using the JUST AUTO Network and all applicable taxes (including any GST, which will be added to amounts billed to you where applicable) in accordance with our Schedule of Fees.
11.2 Fees associated with use of the JUST AUTO Network
There is no charge for becoming a registered member of the JUST AUTO Network.
Listing an item or items for sale on the JUST AUTO Network incurs fees.
For Private Sellers, these fees will be drawn to your attention on the JUST Network before you formally list your item(s). By choosing to proceed to list your item(s) you agree to be charged the fee as stated.
Dealers are required to contact us to ascertain the applicable fees.
11.3 Opportunity to review
When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our services. You must not proceed unless you are willing and able to provide the listing fees.
12 Legal compliance
12.1 Your duty to understand Terms & Conditions and relevant law
In addition to the Terms & Conditions, you must familiarise yourself with, and comply with domestic laws (including common law), statutes and regulations regarding your use of our services including listing, purchase, solicitation of offers to purchase, and sale of items. In particular, you must ensure that your activities, items you list, and the information you provide or post do not violate the Broadcasting Services Act 1992 (Cth), the Competition and Consumer Act 2010, the Fair Trading Act 1999 (Vic) and other relevant State or Federal fair trading legislation. For more information about this legislation and other legislation which may apply to you, you may wish to refer to http://www.austlii.edu.au.
You alone, and not us, are responsible for ensuring that your listing, selling, advertising and any other activities conducted on the JUST AUTO Network are lawful. You must ensure that you comply with all applicable laws in Australia and in the laws of any jurisdiction in reliance of which users may rely.
13 Dispute resolution and correspondence
13.1 Disputes with other users
We have no control over, nor any legal obligation to become involved in, any dispute between you and another user. We encourage you to try and resolve disputes with other users by taking the following steps:
1 Contact the other user directly (via JUST AUTO Network's integrated email facility, telephone, post or fax) to notify them of your concern(s) and to advise them of your desired result;
2 If a response is forthcoming, obtain the commitment of the other user to resolving the dispute in a satisfactory manner;
3 If such resolution is impossible or unsatisfactory, contact Consumer Affairs Victoria or an equivalent dispute resolution advisory service.
13.2 Disputes with us and correspondence
We invite you to telephone us with any concerns related to your use of the JUST AUTO Network or any other customer service issues.
Formal disputes must be initiated by way of a document sent by registered post to the following address: JUST AUTO Network Dispute Resolution Officer
c/o JUST Magazines
Level 19, 15 William Street
Any controversy or claim arising out of, or in connection with, the Terms & Conditions between you and us will be settled by independent, confidential mediation at the Australian Commercial Disputes Centre, at either party's election. We, and you, agree to be bound by the outcome of such mediation. Each party will bear its own costs (and split equally any joint costs) of mediating the dispute.
14 Disclaimers and limitation of liability
14.1 We are not an auctioneer, vendor or agent
We are not an auctioneer and are not involved in any transactions between Sellers and Buyers. We are a forum for connecting Buyers with Sellers, hosting communications, publishing information relevant to the JUST AUTO Network, and publishing content 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 JUST AUTO Network, the accuracy or truth of any listings on the JUST AUTO Network or the ability of Sellers and Buyers to actually enforce or complete a transaction.
We are not a vendor of goods listed for sale on the JUST AUTO Network. The JUST AUTO Network acts as an online forum to facilitate communication and transactions between Users.
No agency, partnership, joint venture, employment, franchise or other similar relationship is intended to be or is created by the Terms & Conditions. You have no authority to bind us in any way whatsoever.
14.2 No warranty as to the content of listings
We take all reasonable care in publishing Sellers' listings. However, the information is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions.
14.3 No warranty as to nature or quality of goods or services advertised
We accept listings in good faith on the basis of warranties provided by each Seller. We do not warrant or represent that the products advertised in listings will be suitable for any particular purpose, or that a Seller 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 JUST AUTO Network. It is your responsibility to verify any information on the JUST AUTO Network before relying on it.
You accept that we are not involved in any transaction between a Buyer and Seller on the JUST AUTO Network. You agree that we have no control over the quality, safety or legality of items or content posted by users of the JUST AUTO Network, the truth or accuracy of listings, the ability of Sellers to sell items or the ability of Buyers to buy items. We cannot ensure and do not guarantee that a User will actually complete a transaction or act lawfully in using the JUST AUTO Network.
14.4 No warranty as to the identity or capacity of other users
Please note that there are risks in using the JUST AUTO Network, including dealing with under age persons or people acting under false pretense. Additionally, there may be risks with international trading and dealing with foreign nationals. We cannot and do not confirm each user's purported identity. It is your responsibility to verify the identity and legal capacity of persons with whom you transact. You may wish to consider using a third party escrow service or services that provide additional verification when transacting with a Buyer or Seller.
14.5 Limitation of liability
We are not involved in the actual transaction between Buyers and Sellers and to the extent permitted by law, we specifically disclaim ALL liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and every nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.
We accept no liability in respect of:
We will only be liable to you:
15 Communications to you
We may send you communications and notices regarding your transactions and your account on the JUST AUTO Network. These communications and notices do not constitute an endorsement, guarantee or legitimisation of your transaction. It is your responsibility to exercise caution and common sense and practise safe trading when using the JUST AUTO Network. 16 Other websites
The JUST AUTO Network may contain links to other websites which are not maintained or controlled by us ("third party site"). These links are provided by us solely for your convenience. We make no representations or warranties whatsoever about third party sites. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to a third party site, you leave the JUST AUTO Network and do so entirely at your own risk.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of the Terms & Conditions or your violation of any law or the rights of a third party.
18 Intellectual property
Material entered onto the JUST AUTO Network by us is © Just Magazines 2008. All rights reserved. Unless otherwise indicated on the JUST AUTO Network, the material on the JUST AUTO Network is owned by or licensed to Just Magazines and is subject to copyright ("the Copyright Material"). You may:
18.2 Trade marks
justauto.com.au and other names of Just Magazines Pty Ltd's products and/or services are our trademarks or registered trademarks. Other product and company names mentioned on the JUST AUTO Network may be the trademarks of their respective owners.
In consideration of us allowing you to access and use the JUST AUTO Network you grant us 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 Tools and to sub-licence the same for such purposes as we determine from time to time.
The JUST AUTO Network is bound by the Privacy Act 1988 (Cth).
Personal information held by us about you may include your name, address, email address, account password, and contact telephone number. We only collect personal information about you directly from you and from publicly available sources of information such as telephone directories.
You may be required to enter your credit card or other financial details when using the JUST AUTO Network for the purposes of processing payment. However, we are never able to access these details, as they are encrypted and sent directly to our banking service provider. We do not collect, hold, store, or have any ability to access, your credit card or other financial details.
If you decline to provide certain personal information (such as your name and email address) you may not be able to register as a member of the JUST AUTO Network and will have limited access and usage rights.
When you visit the JUST AUTO Network or use the features available via the JUST AUTO Network, we may record anonymous information such as your IP address, time and date of visit, referring URL, pages accessed, documents or files downloaded, or the type of browser and/or operating system you used to access the JUST AUTO Network.
Where the JUST AUTO Network includes links to third party sites, those sites may have different privacy policies. We recommend that you read the privacy policies of third party sites before you disclose any personal information.
Your personal information may be used to verify your identity, assist you to become a member of the JUST AUTO Network, provide you with services including those provided by third parties, enable us to contact you in relation to services purchased by you and bill you for services you have purchased.
We do not and will not disclose your personal information to any third parties unless disclosure is permitted by you or these Terms and Conditions, required or authorised by law, or necessary to enable us to obtain relevant professional (legal or financial) advice.
You have a right to access and change your personal information, subject to law. We may request you to submit a written request to change your personal information.
20 Applicable law
The Terms & Conditions are governed by and are to be interpreted in accordance with the laws of the State of Victoria.
All rights not expressly granted by us in the Terms & Conditions are hereby reserved.