Terms & Conditions of Use
JUST AUTO Network
- Just Magazines Pty Ltd -

1    General
________________________________________________________________

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, 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 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.

1.2    Definitions

In the Terms & Conditions:•    Buyer means any person or entity who uses the JUST AUTO Network for the purpose of purchasing an item or items listed for sale on the JUST AUTO Network;

•    Dealer means a Seller who has advertised or plans to advertise more than four items for sale per year;

•    Guest means a person or entity who has accessed the JUST AUTO Network but has not registered as a member;

•    Member means a person or entity who has registered to be issued with a JUST AUTO Network account;

•    Private Seller means any Seller other than a Dealer. Private sellers can advertise a maximum of 5 vehicles at one time, per website. One vehicle per ad.

•    Seller means any person or entity who uses the JUST AUTO Network for the purpose of advertising goods or services for sale;

•    User includes a Guest, Member, Buyer, Seller and Dealer;

•    We or us refers to Just Magazines Pty Ltd, its servants, agents, employees and assignees; and

•    You includes anyone acting on your behalf or with your express or implied authority.

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.

2    Breach
________________________________________________________________

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:

•    use Communications Tools (defined below) to advertise your goods or services for sale;

•    use Communications Tools (defined below) to post content that is unrelated to the JUST AUTO Network or is inappropriate for posting on the JUST AUTO Network;

•    post a third party’s personal information on the JUST AUTO Network;

•    send or post unauthorised commercial communications to users (such as SPAM);

•    access the JUST AUTO Network using automated means (such as harvesting bots, robots, spiders, or scrapers);

•    upload viruses or other malicious code onto the JUST AUTO Network;

•    create HTTP links from the JUST AUTO Network to any other website on the Internet, or frame or mirror the JUST AUTO Network;

•    collect information from other users unless you receive their consent, have informed them that you (not us) are the one collecting their information, and have provided them with a privacy policy explaining what information you collect and how you will use it;

•    solicit login information or access an account belonging to someone else;

•    bully, intimidate, or harass any user;

•    develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content;

•    use the JUST AUTO Network to do anything unlawful, misleading, malicious, or discriminatory;

•    facilitate or encourage any violations of the Terms & Conditions (whether by yourself or a third party);

•    incorporate any of the content on the JUST AUTO Network with any other material, including advertising or promotional material;

•    make unauthorised modifications to the content on the JUST AUTO Network; or

•    use the JUST AUTO Network for any activities, or transmit to or via the JUST AUTO Network any information or material, which:

–    breaches any laws or regulations;

–    breaches the Terms & Conditions;

–    infringes a third party's rights (including intellectual property and privacy rights) or misuses another person’s personal information;

–    includes depictions of anti-social behaviour such as unlawful burnouts or other stunts;

–    is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, harasses any person or otherwise inhibits others from using or enjoying any part of the JUST AUTO Network;

–    is false or misleading;

–    is an unsolicited commercial electronic message;

–    impersonates another person without permission; or

–    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.

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:

•    you are legally able to sell the item(s);

•    the item(s) is/are available for sale;

•    the item(s) is/are of merchantable quality and fit for purpose;

•    the item(s) is/are for sale at the price stated in the listing;

•    the item(s) is/are as described in the listing;

•    that the listing is not misleading or deceptive in the content it states or omits; and,

•    the listing complies with the Terms & Conditions and all relevant laws.

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 53C of the Trade Practices Act). 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.

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 Trade Practices Act and in particular section 53C 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:

•    You are responsible for conducting all relevant searches including roadworthiness checks, written off vehicle register searches or register of security interests searches;

•    You agree to check with the Seller that all information supplied in relation to their item(s) is accurate; and

•    You are responsible for establishing and/or maintaining contact with the Seller as appropriate;

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:

•    for any unlawful purpose;

•    as an alternative to listing your item(s) for sale on the JUST AUTO Network;

•    to communicate information which you are aware is inaccurate, misleading, deceptive, defamatory, infringing, obscene, indecent or unlawful;

•    to post, transmit, send or upload files which contain content that breaches a third party’s intellectual property or privacy rights;

•    for the purposes of transmitting viruses, corrupted files, or corrupted software or applications that could cause damage to another's hardware;

•    to insert, edit or delete any attributions, legal notices or proprietary designations (such as the ‘TM’ designation) or other labels;

•    to conduct surveys or competitions; other than as approved by us

•    to disseminate chain mail other than as approved by us; or

•    for the purposes of downloading any content posted by another User that you know, or reasonably ought to know, is unlawful or otherwise contrary to the Terms & Conditions.

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:

•    You have, or we believe you have, breached the Terms & Conditions;

•    We are unable to verify or authenticate information supplied by you;

•    We believe that your actions may cause loss or damage to or otherwise unlawfully harm you, other users, third parties, or us; or

•    We believe that any of your information (including items listed or content posted on the JUST AUTO Network) is inappropriate or offensive.

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 Trade Practices Act 1974 (Cth), 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

Melbourne 3000

VICTORIA

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:

•    claims arising out of or in connection with your access and use of the JUST AUTO Network and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;

•    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; or

•    your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings of whatever nature with a Buyer or a Seller in any way arising out of or in any way connected with your transaction.

We will only be liable to you:

•    where the law implies a term into these Terms & Conditions which cannot be excluded and we breach that term. Provided that, where the breach relates 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 our liability is limited to re-supplying the relevant services; or

•    if the claim arises from or in connection with any deliberate breach of these Terms & Conditions or fraud by us.

For the purposes of this section, “we” means includes the officers, employees, contractors and agents of Just Magazines Pty Ltd, whether individually or collectively.

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.

17    Indemnity
________________________________________________________________

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
________________________________________________________________

18.1    Copyright

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:

•    only copy, download, print or reproduce the Copyright Material for the purpose of browsing the JUST AUTO Network or for your 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.

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.

18.3    Licence

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.

19    Privacy
________________________________________________________________

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.

We may use Cookies to record your preferences, measure and assess usage of the JUST AUTO Network, and to ensure adequate security is afforded to users. You may adjust your browser settings in order to disable Cookies. If you disable your cookies browser setting we may not be able to provide you with the full range of our services via 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, 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, 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.

V1.0 04/12/2009

________________________________________________________________

“JUST AUTO LEGENDS” COMPETITION (“Competition”)
TERMS AND CONDITIONS

1. The Promoter is JUST Magazines Pty Ltd (“Promoter”) ABN 44423873136 of Level 3/ 157
Moorabool St, Geelong VIC 3220 telephone (03) 5225 1333.

2. In order to enter the Competition and be eligible for a prize, each Entrant must agree to these
Terms and Conditions(“Terms”). Participation in this Competition is deemed acceptance of
these Terms.

Entering the Competition

3. The Competition commences 12:01am AEST on 01 /10 /2011 and closes 11:59pm AEST on
26/01/12 (“Competition Period”).

4. Entry is open to Australian residents aged over 18 years at the commencement of
Competition Period and who are, or become registered users of the Just Auto Network
www.justauto.com.au at one of the following websites - JUST CARS or JUST BIKES or JUST
4x4s (“Websites”) during the Competition Period.

5. Employees of the Promoter (and their immediate families) and agencies associated with the
Competition are ineligible to enter.

6. The Promoter reserves the right, at any time, to verify the validity of entries and entrants
(including an entrant’s identity, age and place of residence) and to disqualify any entrant who
submits an entry that is not in accordance with these Terms or who tampers with the entry
process. Errors and omissions may be accepted at the Promoter's discretion.

7. Upon request from the Promoter, the Entrant will execute all such documents and take such
further steps as may be necessary to verify the Entrant's details (including an entrant’s
identity, age and place of residence) and consent and to give full effect to any rights granted
or purported to be granted and warranties and indemnities given under these Terms.

8. Incomplete or indecipherable entries will be deemed invalid.

Competition criteria

9. Entry to the Competition is by Entrants creating blog posts, at one of the Websites listed, and
is judged on the content submitted to show their passion towards the automotive industry.
Judging criteria is listed in Clause 28 of these Terms. The judges’ decision is final. The
Competition is looking for Australia’s top twenty (20) auto enthusiasts.

10. An Entrant can create and submit video, text, illustrative and photography content (“Content”)
to their blog posts to showcase their enthusiasm towards the automotive industry.

11. The content of a video or photograph must meet the criteria of a “G” classification in the
Australian Free TV Code of Practice (click here to read the full Code of Practice). Material
classified G is not necessarily intended for children but it must be very mild in impact and
must not contain any matter likely to be unsuitable for children to watch without supervision.
Therefore, all videos entered into the Competition must adhere to the following standards:

1. Violence: Visual depiction of physical and psychological violence must be very
restrained. The use of weapons, threatening language, sounds or special effects must
have a very low sense of threat or menace, must be strictly limited to the story line or
program context, must be infrequent and must not show violent activity to be
acceptable or desirable.
2. Sex and nudity: Visual depiction of, and verbal references to, sexual activity are not
acceptable. There is to be no visual depiction of nudity, and clothing deemed age2
appropriate for each entrant must be worn. Videos or pictures depicting individuals
aged 18 years or under must have absolutely minimal skin exposed in the outfits worn,
and clothing choices must not be sexual. Also, the parents of these individuals must
have consented to their child’s image being used in the Content.
3. Language: Only extremely mild coarse language will be permissible in video content,
and language used must be deemed age appropriate to the Entrant. Discriminatory
language of any sort will not be accepted in video content.
4. Drugs: Visual depiction of, or verbal reference to illegal drugs must NOT be referenced
in anyway – be this verbally or through actions.
5. Suicide: No visual or verbal reference to suicide is acceptable.
6. Themes: Themes dealing with social or domestic conflict must have a very low sense
of threat or menace to children.
7. Dangerous imitable activity: Dangerous imitable activity should only be shown when
absolutely justified by the subject matter of the performance, and then only in ways
which do not encourage dangerous imitation.
8. Other: Where music, special effects and camera work are used to create an
atmosphere of tension or fear, care must be taken to minimise distress to children.
Entrant's obligations

12. Each Entrant must ensure that they own all intellectual property rights in the Content and that
the Content does not infringe any intellectual property rights of any other party and does not
breach any laws. To the full extent permitted by law, the Promoter will not be liable in any
way for such Content.

13. The Entrant is responsible for all costs associated with entering the Competition (should it
incur any charges i.e. accessing the internet); and any legal claims made in respect of the
Content

14. The Entrant warrants and agrees that:

(a) they will not submit any Content that is unlawful including in breach of any intellectual
property, privacy, publicity or other rights, or is fraudulent, defamatory, obscene,
derogatory, pornographic, sexually inappropriate, violent, abusive, harassing,
threatening, objectionable with respect to race, religion, origin or gender, would not
receive a G classification, or is otherwise unsuitable for publication;
(b) without limitation to (a), all intellectual property rights in the Content is owned by the
Entrant, and the Entrant has the ability to assign all of its rights in the Content to the
Promoter ;
(c) they will obtain prior consent from any person who has jointly created or has any
rights in the Content, to the uses and terms herein;
(c) their Content does not contain viruses and will not cause any disruptions to the
Websites or www.justautolegends.com.au.
(d) the Content does not cause injury or harm to any person or entity; and
(e) they will comply with all applicable laws and regulations, including without limitation,
those governing copyright, content, defamation, privacy, publicity and the access or
use of others' computer or communication systems.

15. Without limiting any other terms herein, the Entrant indemnifies the Promoter against any loss
arising out of, relating to or in connection with any breach of these Terms.This indemnity is a
continuing obligation, separate and independent from the other obligations of the Entrant and
survives termination, completion or expiration of the Competition.

16. The Entrant releases the Promoter, its servants and agents from any claim by or on behalf of
the Entrant and arising out of any loss, damage, accident or injury to the Entrant as a result of
entering the Competition, or in the exercise of the rights granted in these Terms (and not
caused by the negligence of the Promoter, its servants and agents).

17. The Entrant consents to the Promoter using the Entrant's name, likeness, image and/or voice
in the event they are the winner of runner up prizes or the major prize (including any
photographs, videos and/or sound recordings of the same) in any media for an unlimited
period without remuneration for the purpose of promoting this Competition (including any
outcome), and promoting the Promoter and any products manufactured, distributed and/or
supplied by the Promoter.

18. By entering any Content into the Competition, the Entrant hereby assigns to the Promoter all
of its intellectual property rights in the Content. The Entrant acknowledges that the Promoter
may, without further notice to the Entrant reproduce (video, text, imagery, etc) or any part
thereof, communicate it to the public and cause it to be seen or heard in public, anywhere in
the world via any media including on websites, print, YouTube, television and broadcasts.

19. The Entrant unconditionally and irrevocably consents to any act or omission that would
otherwise infringe any of the Entrant's moral rights in the Content (as defined in Part IX of the
Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by
statute anywhere in the world whether occurring before or after this consent is given ("Moral
Rights"). The Participant waives all Moral Rights in the Content that arise outside Australia.

20. The Entrant consents to their Content being changed, edited, added to, taken from, used in
association with other material, used in any commercial or promotion, adapted and/or
translated, in any manner or context by the Promoter, and any person authorised by the
Promoter to do so, for any purpose, notwithstanding that such conduct may amount to
derogatory treatment of the work within the meaning of the Copyright Act 1968 (Cth).

21. As a condition of entry and as a condition to being awarded a prize:

(a) the Entrant (and their companion/s, if applicable) may have to sign legal
documentation as and in the form required by the Promoter and/or prize suppliers in
their absolute discretion, including but not limited to a legal release and indemnity
form; and
(b) the Entrant/s may have to sign a Talent Release Form, in a form determined by the
Promoter in its absolute discretion setting out the Entrant/s obligations with respect to
participation in media interviews, photographic sessions, and other media related
marketing, advertising, promotional and/or publicity activities as a result of this
Competition.

22. Subject to the Network/Producer/media entity approval /discretion, the Entrant will co-operate
with the Promoter in participating in media interviews, photographic sessions, and other
media related marketing, advertising, promotional and/or publicity activities as a Entrant in
this Competition.

Rights of Promoter

23. The Promoter has the sole discretion to determine whether the information provided by an
Entrant complies with these Terms. The Promoter’s decision is final.

24. The Promoter may remove or edit any Content that is submitted by the Entrant in the
Competition, without any notice being given to the Entrant for any reason whatsoever.

25. If this Competition is interfered with in any way or is not capable of being conducted as
reasonably anticipated due to any reason beyond the reasonable control of the Promoter,
including but not limited to technical difficulties, unauthorised intervention or fraud, the
Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:

(a) to disqualify any entrant; or
(b) subject to any written directions from a regulatory authority, to modify, suspend,
terminate or cancel the Competition, as appropriate.

26. The use of any automated entry software or any other mechanical or electronic means that
allows an Entrant to automatically enter repeatedly is prohibited and will render all entries
submitted by that Entrant invalid. The Promoter may remove or not count or any automated
entries.

How to win

27. Content deemed to comply with these Terms will be displayed on the Promoter’s website
www.justautolegends.com.au - and associated digital properties including (but not limited to)
www.justauto.com, associated facebook, twitter and other social media platforms.

28. The top twenty (20) JUST AUTO LEGENDS winners will be determined at the Promoter’s
discretion, based on the Promoter’s assessment of the below Judging Criteria:

• How far have the Entrant has gone for the love of their machine
• The most extreme thing the Entrant has done in relation to their automotive passion
• The Entrant’s involvement and support of the auto community
• How much time the Entrant spends each week working on their machine
• The Entrant’s automotive skills
• The Entrant’s garage or workspace
• How dedicated the Entrant is to the automotive industry
• Creativity and frequency of the Entrant’s blog posts.
• Use of images/photography and video in blog posts

29. Winners will be decided by the Promoter based on the criteria in paragraph 28 above, and the
Promoter’s decision is final in all instances. The Promoter may give more weight to particular
Judging Criteria over any others in its sole discretion. “Chance” plays no part in determining
the winners of this Competition.

30. Only the most devoted twenty (20) auto enthusiasts, as deemed by the Promoter, will win this
Competition, and in doing so be accepted into the JUST AUTO LEGENDS Club.

31. Out of the 20 winners, one winner will be deemed the major prize winner – based on the
Entrant who the Promoter feels best meets the criteria outlined in Clause 28 above.
Prizes
There will be nineteen (19) runner up prizes, one (1) major prize for this Competition.
Runner Up Prizes
The runner up winners will receive a JUST AUTO LEGENDS Club:

- Lifetime membership and embroidered badge;
- be inaugurated as one of only twenty (20) members of the JUST AUTO LEGENDS
Club in 2012.
- be displayed in the Membership section of the JUST AUTO LEGENDS Club on
www.justautolegends.com.au .
- a 12 month magazine subscription to their choice of JUST Magazine title – choosing
from JUST Cars, JUST Bikes, JUST 4x4s, JUST Trucks or JUST Parts, valued at $50
- Runners Up awarded a membership rank of 11 to 20 will receive a Sidchrome 32pce
3/8” sets valued at $149.00 RRP (part no. 13105)
- Runners Up awarded a membership rank of 2 to 10 will receive a Sidchrome 69pce
tool sets valued at $259.00 RRP (part no. 45344)
Runner up prizes are not transferable or redeemable for cash.

Major Prize

The major prize winner will receive:

- The major prize winner will receive a Sidchrome 508pce tool kit valued at $5999.00 RRP (part no. 10100)
- a 12 month subscription to the JUST Magazine of their choice – choosing from JUST
Cars, JUST Bikes, JUST 4x4s, JUST Trucks or JUST Parts – valued at $50
- a lifetime membership and be indicted as one of only twenty (20) members to the
JUST AUTO LEGENDS Club;
- a JUST AUTO LEGENDS embroidered badge ;
- be featured on the cover of the JUST Magazine of their choice – choosing from either
JUST Bikes OR JUST Cars OR JUST 4x4’s
- A custom made crown made from Sidchrome spanners

32. The winners of the runner up and major prizes will notified by telephoned no later than
15/02/2012 and their details will be published on www.justautolegends.com.au The major
prize winner will also be notified by email, confirming that they are the grand prize winner. As
chance plays no part in deciding the winners of this Competition, there will not be a prize
draw.

33. The date/s for the various elements of the runner up and major prizes (such as appearance
on the cover of the chosen JUST Magazine, etc) will be discussed and agreed upon between
the Entrants and the Promoter

34. If any prize (or any part of the prize) is unavailable, the Promoter, in its discretion, reserves
the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or
specification.

35. Prizes are not transferable or exchangeable and cannot be taken as cash unless otherwise
specified.

36. In the event that the major prize winner withdraws from the Competition or is found by the
Promoter not to have complied with these Terms, the major prize will be awarded to a runner
up Entrant, decided by the Promoter in accordance with the Judging Criteria.

37. The Promoter will arrange delivery of any of the prizes that are capable of delivery at its own
cost to the winning Entrants, within 28 days of the prizes being awarded.

38. In the event that a winner does not take an element of the prize at the time stipulated by the
Promoter, then that element of the prize will be forfeited by the winner and cash will not be
awarded in lieu of that element of the prize.

39. The total value of prizes for this Competition is $11,079.00 RRP .

Miscellaneous

40. Nothing in these Terms limit, exclude or modify or purports to limit, exclude or modify the
statutory consumer guarantees as provided under the Competition and Consumer Act,
or similar consumer protection laws in the State and Territories of Australia (Non-Excludable
Guarantees). Except for any liability that cannot by law be excluded, including the Non-
Excludable Guarantees, the Promoter (including its respective officers, employees and
agents) excludes all liability (including negligence), for any personal injury; or any loss or
damage (including loss of opportunity); whether direct, indirect, special or consequential,
arising in any way out of the Competition.

41. Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter (including its respective officers, employees and agents) is not
responsible for and excludes all liability (including negligence), for any personal injury; or any
loss or damage (including loss of opportunity); whether direct, indirect, special or
consequential, arising in any way out of:

(a) any technical difficulties or equipment malfunction (whether or not under the
Promoter’s control);
(b) any theft, unauthorised access or third party interference;
(c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or
not after their receipt by the Promoter) due to any reason beyond the reasonable
control of the Promoter;
(d) any variation in prize value to that stated in these Terms;
(e) any tax liability incurred by a winner or entrant;
(f) use of or taking of a prize; or
(g) participation in the Competition.

42. The Promoter collects personal information in order to conduct the Competition and may, for
this purpose, disclose such information to third parties, including but not limited to agents,
contractors, service providers, prize suppliers and, as required, to Australian regulatory
authorities. Entry is conditional on providing this information. The Promoter may, for an
indefinite period, unless otherwise advised, use the information for promotional, marketing,
publicity, research and profiling purposes, including sending electronic messages or
telephoning the entrant. Entrants should direct any request to access, update or correct
information to the Promoter. A copy of the Promoter’s privacy policy is available at
www.justauto.com.au.

43. Failure by the Promoter to enforce any of its rights pursuant to these Terms at any stage does
not constitute a waiver of those rights.

44. All entries become the property of the Promoter.

45. These Terms are to be governed by the laws of Victoria, Australia.