CarNod Website Terms and Conditions

Last Updated: 15 March 2010

1. Agreement to these terms and conditions
   1. This website, carnod.com.au (Website), is operated by CarNod Pty Ltd ACN 141 914 829 of 125 Cecil Street, South Melbourne, Victoria, 3205, Australia (CarNod).
   2. This Website is an interactive website, where you can search and browse reviews of vehicles and vehicle dealers, post your own ratings and reviews of vehicles and vehicle dealers, and/or participate in discussion forums regarding vehicles and vehicle dealers.
   3. You should read these terms and conditions before accessing or using this Website, and you must read and accept them prior to obtaining a user account for the website.
   4. Use of some parts of this Website may be governed by supplementary terms. Any supplementary terms will apply in addition to these terms and conditions, and your access and use of this Website will be governed by the combined terms (as amended under paragraph 1.6), including the privacy policy referred to in paragraph 3.1 (Website Terms).
   5. By using this Website you agree to be bound by, and to comply with, these Website Terms, and acknowledge that you will be subject to the warranties, indemnities, disclaimers and limitations on liability, contained within them.
   6. CarNod may amend these Website Terms at any time by publishing revised terms on this Website, or requesting that you agree to amended or supplementary terms. You should revisit these Website Terms periodically to check for updates. Your continued use of this Website is subject to the revised and supplementary terms.
   7. If you object to these Website Terms, your only recourse is to discontinue your use of this Website.
2. Your user account
   1. Before uploading any content onto this Website, or posting any comments, ratings or other data, you must obtain a user account. You must register for a user account in your own right, and not on behalf of any other person or entity.
   2. You must be 18 years or older to obtain a user account.
   3. You must only ever request and use one user account, unless otherwise agreed by CarNod. CarNod may accept or reject your registration request for a user account in its absolute discretion.
   4. You must not permit any other person to access this Website using your user account, and must immediately notify CarNod if you become aware of any unauthorised use. You must not sell, transfer or assign your username or right to use your user account to anyone else.
3. Privacy policy
   1. CarNod has a privacy policy (Privacy Policy) that applies to all users and can be found at /info/privacy-policy.aspx. By obtaining a user account and posting Content on this Website, you will be providing personal information to CarNod. The use and disclosure of this information will be governed by the Privacy Policy. The Privacy Policy forms part of these Website Terms, and you should review the policy before using this Website.
4. CarNod's disclaimers and limitation of liability
   1. Notwithstanding any other provision of these Website Terms, and to the extent permitted by law, CarNod, its related entities and all officers, employees and agents of CarNod and its related entities (CarNod Group):
      1. are not liable in any way for any for content on this Website (including website links, data in personal accounts, images, comments, reviews and other information) (Content);
      2. are not liable to you for any losses, damages, liabilities, claims and expenses (including legal costs) that you may incur as a result of, or in connection with, your use of this Website; and
      3. provide no guarantee, and exclude all warranties (whether express or implied) and other implied terms, to the extent permitted by law, from these Website Terms.
   2. CarNod endeavours to ensure that users of this Website comply with these Website Terms and that the Content that it posts is free from errors. However, the CarNod Group is not liable in any way for failing to do so.
   3. Content that has been posted by parties other than CarNod (Public Content) does not comprise the views of CarNod, and contains comments, views and opinions of the public. The CarNod Group does not sponsor or endorse any views on this Website or the operators of or views on any linked websites.
   4. All Content is made available on an "as is" basis. The CarNod Group does not warrant that Content:
      1. is accurate, adequate, complete or, in relation to Public Content, comprises an independent view that is free from bias;
      2. is free from viruses and errors; or
      3. does not infringe the intellectual property rights of any person.
   5. Website users rely on Content at their own risk, and are advised to make their own independent inquiries regarding matters referred to in this Website.
   6. If a claim is made against or brought by the CarNod Group (or it is otherwise engaged in any form of proceeding), in relation to any Content which you have posted on this Website, you agree to cooperate with the CarNod Group in relation to the claim or proceeding (including by providing copies of any relevant documents), to the extent reasonably required by CarNod.
5. Objectionable Content
   1. If you consider that any content on this Website does not comply with these Website Terms, is offensive or breaches any law, please contact us immediately at /contact-us.aspx, and provide us with details of the offensive content (or a link to it) and the reasons why you find it objectionable. CarNod will consider your objection and take such action as it considers appropriate. You may or may not be advised of CarNod's decision.
6. Posting Content
   1. CarNod may, in its absolute discretion and at any time:
      1. refuse to upload, or edit, delete or remove, any Public Content; and
      2. refuse to provide or permit access to, or delete, any user account accessible via this Website.
      CarNod is not obliged to provide reasons for exercising its rights under this paragraph 6.1.
   2. You warrant that you will:
      1. only use this Website in accordance with these Website Terms;
      2. only post Content which you know or reasonably believe is accurate, current and truthful, comprises your honest and fair views and opinions, and is your original work; and
      3. not attempt to:
         1. alter, manipulate or change the Website in a way that is not expressly permitted by Carnod (including by altering the structure of this Website or any Content posted by a party other than you); or
         2. prevent any party from accessing this Website.
   3. You warrant that you will not post any Content:
      1. for a commercial purpose, including Content that relates to a business (or other enterprise) in which you or a member of your immediate family has a financial interest in;
      2. for which you are provided with any sort of financial benefit (whether monetary or otherwise);
      3. that relates to a business (or other enterprise), or the products made, distributed or sold by a business (or other enterprise), or the services provided by a business (or other enterprise), of which you are an employee or contractor;
      4. that comprises intellectual property or confidential information of another person (including, without limitation trade secrets, copyright or trademarks), or which you suspect or ought to suspect comprises the intellectual property or confidential information of another person;
      5. that results from personal hostility, or is intended to insult or humiliate another person, or incite violence, hatred or any other form of persecution against a person or business; or
      6. that is, or could reasonably or which you know will be, perceived to be:
         1. defamatory to any person, or slanderous, obscene, indecent or illegal, or considered to be offensive by any reasonable member of the public;
         2. without limiting paragraph 6.3(6)(a), racist, ageist, sexist or otherwise vilifying of any person on the basis of a mental or physical disability or impairment, gender, sexual orientation, marital or parental status, physical features or religious beliefs;
         3. misleading or deceptive, or likely to mislead or deceive; or
         4. pornographic, or descriptive of pornographic material.
7. Indemnities
   1. You must indemnify each member of the CarNod Group, on demand, against all:
      1. losses and liabilities incurred by the CarNod Group;
      2. costs actually payable by the CarNod Group to its own legal representatives (whether or not under a costs agreement) and other expenses incurred by the CarNod Group in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal);
      in connection with any Content posted by you or via your user account, and any breach of any these Warranty Terms by you.
8. Ownership of Content and Website
   1. With the exception of personal information (the use and disclosure of which is dealt with in paragraph 3):
      1. you grant CarNod a worldwide, royalty free, fully assignable perpetual licence in respect of all Content that you post (which may only be terminated by CarNod), for CarNod to distribute, publish, edit, adapt, create derivate works from and otherwise use as it determines appropriate (including selling), the Content and to grant others the right to use (including for a fee) the Content as described in this paragraph 8.1; and
      2. if you are the author of Content for the purpose of Part IX of the Copyright Act 1968 (Cth) (Author), you (or you must procure that the Author), consent to all acts or omissions done in relation to the Content that may infringe the Author's moral rights, including:
         1. not naming the Author as an author of the Content;
         2. naming another person as the author of the Content; and
         3. amending or modifying (whether by changing, adding, deleting or removing) any part of the Content.
   2. All title, rights and interest in all Content and this Website (including the software and HTML code, CSS style sheets, JavaScript code, Adobe Flash objects, PDF documents, audio files, video files, images and the layout of this Website) resides with CarNod. You must not modify, reproduce, copy, transit, display, perform, publish, licence or create derivative work from any Content (except Content that you post) or other intellectual property accessed via this Website without the prior express written permission of CarNod.
9. Termination and suspension
   1. If CarNod considers that you have breached any of these Website Terms, engaged in conduct which is unlawful or exposes the CarNod Group to liability, or you are unable to provide information about you or Content that you post which CarNod reasonably requires, CarNod may immediately terminate your right to access and use this Website. If this occurs, you must not attempt to access this Website, or obtain a further user account to access this Website.
   2. CarNod may, at any time and without prior notice to you, discontinue, suspend or terminate any feature or service available through this Website, or this Website, for any reason.
10. Miscellaneous provisions
    1. Each provision of these Website Terms that is intended by its nature, to continue after the termination of your user account or right to use this Website, or this Website itself, does so (including, without limitation, all warranties, indemnities, ownership provisions, limitations of liability and disclaimers).
    2. If any provision of these Website Terms is:
       1. unenforceable, illegal or void or makes these Website Terms or any part of them unenforceable, illegal or void, then that provision is severed and the rest of these Website Terms remain in force; or
       2. unenforceable, illegal or void in 1 jurisdiction but not in another jurisdiction or makes these Website Terms or any part of them unenforceable, illegal or void in 1 jurisdiction but not in another jurisdiction, then that provision is severed only in respect of the operation of these Website Terms in the jurisdiction where it is unenforceable, illegal or void.
    3. These Website Terms (including any disputes relating to them) are governed by the laws of Victoria, Australia, and you submit the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.