PRIVATE SELLER ADVERTISING TERMS & CONDITIONS
These Terms and Conditions are designed to be as simple as possible, while at the same time clear and comprehensive enough to avoid misunderstandings and future disputes. Sydney Travellers Car Market's system was developed over many years of listening to our customer's needs and concerns. If you understand the system and use it to your advantage you will be very pleased you chose to buy your vehicle at Sydney Travellers Car Market.
1.Effect of Agreement
This Agreement is between Zedtrac Pty Ltd (ABN 100 823 167), trading as Sydney Travellers Car Market (referred to in this agreement as “STCM”), and the person who wishes to place an advertisement on www.sydneytravellerscarmarket.com.au (referred to in this agreement as “seller” or “you”).
2.Setting up of an advertisement
In order to set up an advertisement for a motor vehicle you must:
a.be 18 years of age;
b.you
will need to be a private or non commercial advertiser. You must not be
a “commercial advertiser” or “motor vehicle dealer”.
i.You will be
deemed a commercial advertiser if you are selling or offering cars/motor
vehicles as a vehicle trader or selling vehicles on behalf of someone
else;
ii.You will be deemed a motor vehicle dealer if you buy, sell,
exchange or offer to buy, sell or exchange more than 6 cars/motor
vehicles within 12 months inside Australia.
c.fully complete & submit your application/car advertisement.
3.What You Must Do
You must:
a.provide all information for your advertisement in the form requested by STCM;
b.describe your advertised motor vehicle accurately and not in a manner that may mislead;
c.comply
with STCM’s Terms/Conditions, Privacy Policy, Terms of Use & Terms
& Conditions for advertising on this website;
d.have the owner’s written permission for the uploaded copyright/images used in your advertisement;
e.keep
all your user IDs & passwords confidential which have been provided
by you from STCM to access your advertisement. You are responsible for
all communication/copyright/images uploaded via your user ID &
password; and
f.remove your advertisement once your advertised car/motor vehicle has been
i.sold; or
ii.withdrawn by you or for any other reason.
4. What You Must Not Do
a.You must not offer any motor vehicle for sale if:
i.the motor vehicle is not located within Australia; or
ii.you are not the owner of the motor vehicle; or
iii.you do not have the legal right to sell the motor vehicle.
b.You must not submit an advertisement which:
i.does not comply will all laws relevant to your advertisement;
ii.infringes
the intellectual property rights of any person, company, organisation
or other legal entity (including the unauthorised use of copyright and
trademarks) ;
iii.is illegal, fraudulent, obscene, offensive,
defamatory, inflammatory or in any way unsuitable for people under the
age of eighteen (18) years;
iv.is misleading or deceptive or likely to mislead or deceive including, photos or text that do not match the Item;
v.contains anything which may adversely reflect on STCM or any website on which your advertisement is published;
vi.includes references or links to other websites or HTML enhancement text;
vii.offers multiple Items in a single advertisement;
c.You must not change an advertisement to offer a motor vehicle which is different to the originally advertised motor vehicle.
5. Publication of Advertisements on STCM’s website
You acknowledge and agree that:
a.STCM is not bound to publish your
motor vehicle advertisement until approved by STCM. Once STCM approves
your advertisement STCM will publish your advertisement;
b.If
approved, STCMwill publish your motor vehicle advertisement as described
in your application according to these Terms & Conditions;
c.STCM
may republish your advertisement on other websites, search engines or
other media as STCM determines from time to time at its sole discretion;
d.while
every effort will be made to publish your advertisement as submitted,STCM will not be liable for any error, omission or failure to publish
your advertisement in the form submitted, including acts or omissions of STCM, its employees or agents;
e.STCM may terminate your advertisement or advertisement application at any stages and without prior notice to you if:
i.TAB
determines, for whatever reason at its sole discretion, that you are
dealing as a commercial advertiser or motor vehicle dealer as defined in
clause 2(b) above:
ii.You breach the STCM agreement; or
iii.STCM decides to refuse to publish or terminate your advertisement without any notice.
f.Notwithstanding anything in this Agreement, STCM has absolute control over your advertisement;
g.TAB
will not be responsible for third parties using your advertisement for
any means, any services provided by the third party or resolving any
dispute between you and any third party; and
h.Your motor vehicle
advertisement will automatically be removed after two months of the set
“availability date” in your application.
6. Cancellation and Withdrawal of Advertisements
Once your application is submitted you can cancel it any stage. STCM is not responsible for cancelling or withdrawing your advertisement. It is your responsibility to ensure your advertisement is immediately withdrawn following the purchase of the vehicle. It is illegal to advertise for sale a vehicle that is not available for sale.
7. Intellectual Property Rights
You hereby assign to STCM all copyright and other intellectual property rights in your advertisement (other than third party material).
9. You Indemnify STCM
You will indemnify, hold harmless and defend STCM against all actions,
suits, legal proceedings, claims and demands (including the cost of
defending or settling any actions, suits, legal proceedings, claims and
demands) which may be instituted against STCM arising directly or
indirectly out of or in connection with:
a.a breach of this Agreement by you;
b.any wilful, unlawful or negligent act or omission by you;
c.the publication by STCM or any other person of your motor vehicle advertisement;
d.the sale or offering for sale of any advertisement items.
10.STCM Liability to you is limited
a.STCM will only be liable to you:
i.where the law implies a term
into these terms and conditions which cannot be excluded and STCM
breaches that term. Provided that, where the breach relates to goods or
services that are not of a kind ordinarily acquired for personal,
domestic or household use or consumption and where it is fair and
reasonable to do so STCM’s liability is limited, at its option, to
replacing, repairing or re-supplying the relevant goods or re-supplying
the relevant services; or
ii.if the claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by STCM.
b.Other
than as set out above, STCM will not be liable to you for certain claims
and losses including but not limited to the following:
i.for
claims, demands or suits arising directly or indirectly out of or in
connection with this Agreement or the publication of your advertisement
whether arising in contract, tort (including negligence), indemnity,
strict liability, breach of warranty or statute; and ii.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, special or consequential
loss or damage.
c.For the purposes of clauses 9 and 10, the term STCM will mean STCM, its officers, employees, contractors and agents, whether
individually or collectively.
d.To the extent permitted by law STCM
expressly excludes all terms, conditions and warranties that may
otherwise been implied into this Agreement.
e.STCM’s liability to you,
in any event, shall be reduced proportionately to the extent that the
negligence, act, omission or default of you or any person other than STCM
may have contributed to such injury, loss or damage.
11. Privacy
a.To read how STCM collects, uses and discloses your personal information please check our PRIVACY POLICY.
b.As
an advertiser on the STCM websites you may receive correspondence
regarding your advertisement. Please be aware that without
correspondence regarding your advertisement we ask you kindly not to
submit any application/advertisement on STCM websites.
12. What Law Governs this Agreement
This Agreement is governed by and construed in accordance with the laws of the State of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State and any competent court permitted to hear appeals therefrom.
13. Entire Agreement
This Agreement, the Application, TAB Terms and Conditions of Use and any warranties implied by law which cannot be excluded constitutes the entire Agreement between you and TAB. All other terms whether express or implied are excluded. The terms and conditions set out herein will prevail to the extent of any inconsistency with the Terms and Conditions of Use. This Agreement supersedes all prior undertakings or agreements between the parties and any prior condition, warranty, indemnity or representation imposed, given or made by a party in connection with the subject matter of this Agreement.
14. STCM May Change This Agreement
a.TAB 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 the terms and
conditions displayed on this web site.
b.All rights not expressly granted are reserved.
15. Severability
If any provision of this Agreement is invalid, illegal, void or unenforceable in any respect such invalid, illegal, void or unenforceable provision is to be severed from this Agreement and the remaining provisions shall not be affected or impaired thereby.
16. Disclaimer
All information in this website is true and correct at time of publication based on the knowledge available to STCM at that time. STCM makes no representations or warranties (express or implied) in relation to this website or to the accuracy, correctness or completeness of the information contained herein. STCM will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website. Your use of this website is evidence of your unconditional acceptance and acknowledgement that TAB cannot and will not be held liable for any reliance by you on the information provided herein or otherwise and that STCM will be held harmless in any event.
PRIVACY POLICY
This website is owned and operated by Zedtrac Pty. Ltd. T/as 'Sydney Travellers Car Market' , its subsidiaries and other related companies (“we”, “us”, and “our”, singularly or collectively as the context requires) recognises the importance of privacy issues. This Privacy Policy briefly tells you how we manage the personal information that we collect, use and disclose and how to contact us if you have any queries. This Privacy Policy does not cover personal information collected or held by us about our employees and is to be read subject to any overriding provisions of law or contract.
Background
Personal information is information or an
opinion, in any form and whether true or not, about an individual whose
identity is apparent or can reasonably be ascertained from the
information or opinion.
There are further special provisions which apply to the collection of some personal information which is known as sensitive information. This includes health information and information about a persons' race, ethnic origin, political opinions, membership of political, professional or trade associations, religious or philosophical beliefs, sexual preferences and criminal history.
Collection of personal information by us
The kinds of
personal information we collect and store will depend on what products
and services you request from us. However, it may include (amongst other
things):
- personal information you give us when you make a rental booking or request a product or service from us. This information may include your name, address, telephone numbers, e-mail address, credit card details, passport details, intended travel dates, place of departure, intended destination and whether you are an adult or a child;
- communications between you and us;
- transactional information about your use of our products and services; and
if you are applying for a position, we will collect information as outlined in the section below titled "Employment Applications".
How your personal information will be used
We collect your
personal information so that we can use it for our functions and
activities, which include, amongst other things:
- processing your rental bookings and sales orders;
- being aware of any special travel requirements (health or otherwise) you may have;
- providing you with confirmation of your booking/order and advising you of any changes to your itinerary;
- confirming your identity when you check in;
- processing and considering your employment application (refer to "Employment Application" section below);
- addressing any feedback or complaints you may have;
- assisting Customs and Immigration officials;
- answering any queries you may have; and
- any purposes for which it was requested and directly related purposes, and developing, improving and marketing our products and services.
If you do not provide us with your personal information, we will be unable to do one or more of the above (including being unable to accept any bookings/orders).
If you also subscribe to our mailing list, we may e-mail to you updates about our products and services. If you do not wish to remain a subscriber to our mailing list or otherwise receive updates on our products and services, you are able to remove your details from the subscriptions list via our website.
We will assume you consent to management of your personal information in the manner specified in this Privacy Policy (which may change from time to time) and our Privacy Statement until you tell us to the contrary by following the instructions contained in our website or contacting us using our contact details below.
Exchange of personal information with third parties
Personal information we collect from you may be disclosed:
- to any entity to which we are required or authorised by or under law to disclose such information (for instance, law enforcement agencies and investigative agencies, courts, various other government bodies);
- to other airlines or travel-related businesses for the purpose of processing your travel arrangements (for example flights, accommodation bookings, car hire, travel insurance);
- to others that you have been informed of at the time any personal information is collected from you;
- to our business associates and others for purposes directly related to the purpose for which the personal information is collected;
- to airport management and security personnel;
- to our professional advisors and other contractors (for example IT consultants and mailing houses); or
- with your consent (express or implied), to others.
Such disclosure may include the transfer of your personal information between countries.
We may also obtain personal and other information from some or all of the above to enable us to provide our services or products to you. When we obtain personal and other information from third parties whom we are referred to by you, we will assume and you will ensure that you have made that third party aware of the referral of the persons and purposes involved in the collection, use and disclosure of the relevant personal or other information.
Use and disclosure of personal information by us
If we use
or disclose your personal information for a purpose (the "secondary
purpose") other the main reason for which it was originally collected
(the "primary purpose"), to the extent required by law, we will ensure
that:
the secondary purpose is related to the primary purpose of collection
(and directly related in the case of sensitive information), and you
would reasonably expect that we would use or disclose your information
in that way; or
you have consented to the use or disclosure of your personal information for the secondary purpose; or
the use or disclosure is required or authorised by or under law; or
the
use or disclosure is otherwise permitted by law (for example, as a
necessary part of an investigation of suspected unlawful activity).
Employment Applications
Generally, the type of personal
information we collect about you is the information included in your
application, for example, your name, mailing address, telephone number,
e-mail address, career history, education details or other information
relating to your career.
In considering your application, we may also obtain personal information about you from third parties, for example, from your previous employers or nominated referees. We may also collect sensitive information about you such as information about your health (including any disability) or any criminal record that you may have.
We collect personal information for any one or more of the following purposes:
- Assess you for a position or positions with us or our related entities;
- Assess whether you are suitable to progress to each stage of the recruitment process for a vacant position; or
- Store your information for future job opportunities.
If you do not provide us with the information we seek, we will be unable to do one or more of the above.
We may disclose your personal information to:
- organisations that conduct competency or psychometric tests;
- referees or previous employers;
- recruitment agencies or related entities acting on our behalf;
- our related entities;
- law enforcement agencies to verify whether you have a criminal record; or
- educational or vocational organisations to the extent necessary to verify your qualifications.
If we engage third party contractors to perform services for us which involves handling personal information we will take reasonable steps to prohibit the contractor from using personal information except for the purposes for which it was supplied.
Site visit information
When you visit our website, we
and/or our contractors collect general information about your visit
which may include your server address, the date and time of your visit,
the pages you accessed, the information you downloaded and the type of
Internet browser you used.
We and/or our contractors may use this information in anonymous, aggregated form, for statistical purposes only, to assist us in improving the quality and usability of our website.
Access and correction of your personal information
You can
ask to obtain access to your personal information that we and/or our
contractors hold, although under some circumstances permitted by law, we
may not provide such information to you. Also, we may not be able to
require our contractors to provide personal information to you.
We may ask you to put your request in writing and pay a reasonable fee levied by us for this.
It is important to us that the personal information we hold about you is accurate, complete and up to date. If you are aware that this is not case and would like your personal information corrected, or simply desire access to your personal information, please contact our Privacy Officer.
If we decide not to correct or provide you with access to your personal information, we will give you our reasons for our decision.
Complaints
If you have a complaint about the way we have
dealt with your personal information, please contact us at the above
telephone numbers and ask to speak with our Privacy Officer.
We will make all reasonable attempts to respond to your complaints or requests.
Updates to Privacy Policy
We may amend this Privacy Policy
at any time and from time to time. If we do so, we will post the amended
Privacy Policy on our website (mentioned above) so that you will always
be aware of how we manage your personal information.
Further information
Please contact our Privacy Officer if
you have any queries about the personal information that we hold about
you or the way we handle that personal information.
Privacy Officer Contact Details
Peter Bourke
