Terms and Conditions

These Terms and Conditions of Use (the “Terms and Conditions”) apply to the CarAdvice.com Limited ABN 84116608158 (CarAdvice Network) websites located at www.caradvice.com.au; www.boatadvice.com.au; westwheels.com.au and www.bestprice.com.au (the “Websites”) and all associated websites linked to the Website. By using our Websites and services you agree and accept the Terms and Conditions.

1. Content and Intellectual Property

   All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively known as “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content, contained on the Websites is owned, controlled or licensed by or to CarAdvice Network, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

   CarAdvice Network does not, nor does any other party who provides Content to these Websites, make any warranty as to the accuracy, completeness or currency of the Content. As a user of the Websites, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, CarAdvice Network and its employees, officers, agents and independent contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.

   Except as expressly provided in these Terms and Conditions, no part of the Websites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, websites or other medium for publication or distribution or for any commercial enterprise, without CarAdvice Network’s express prior written consent.

   CarAdvice Network and each party providing Content to the Websites are limited in its liability to the extent permitted by law, to the resupply of the Content. CarAdvice Network does not accept responsibility for any liability in respect of access to other content through the use of the Websites.

    

2. Use of our Websites

   While utilising our Websites, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Websites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Websites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Websites. CarAdvice Network reserves its right to bar individuals thought to be conducting such activity.

   You may not attempt to gain unauthorised access to any portion or feature of the Websites, or any other systems or networks connected to the Websites or to any other services offered on or through the Websites by hacking or any other illegitimate means.

   You may not scan or test the vulnerability of the Websites or any network connected to the Websites, nor breach the security or authentication measures on the Websites or any network connected to the Websites.

   You may not trace or seek to trace any information of any user or customer of CarAdvice Network, including any CarAdvice Network account not owned by you to its source. You may not exploit the Websites or any service or information made available or offered by or through the Websites in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Websites.

   You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Websites or CarAdvice Network’s systems or networks, or any systems or networks connected to the Websites.

   You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any transaction being conducted on the Websites, or with any other person’s use of the Websites.

   You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CarAdvice Network on or through the Websites or any service offered on or through the Websites. You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.

   You may not use the Websites or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of CarAdvice Network or others.

    

3. Confidentiality

   CarAdvice Network does not guarantee that your use of this Websites will be confidential. CarAdvice Network is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of the Websites.

   Use of personal information has been documented within CarAdvice Network’s Privacy Policy, which can be accessed through the Website’s main page.

    

4. Privacy

   CarAdvice Network is committed to adopting the highest standards to safeguard our customers’ personal information. Please refer to our Privacy Policy which sets out how and why we collect, use and disclose your personal information.

    

5. Links to Other Websites and to the CarAdvice Network Websites

   The Websites may contain links to other independent third-party websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under CarAdvice Network’s control, and CarAdvice Network is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.

    

6. Cancellation and Termination

   CarAdvice Network may at its sole discretion terminate your access and refuse any and all current or future use of the Websites. CarAdvice Network reserves the right to refuse service to anyone for any reason at any time.

    

7. Liability

   The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude. Nothing in these Terms and Conditions can exclude or restrict the application of such laws but, to the extent that it can, CarAdvice Network does not give any guarantee or warranties or make any representation of any kind, express or implied. Subject to claims available under consumer protection laws, CarAdvice Network is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with our services.

   CarAdvice Network reserves the right to do the following, at any time, without notice:

   1. modify, suspend or terminate operation of or access to the Websites, or any portion of the Websites, for any reason;
   2. modify or change the Websites, or any portion of the Websites, including prices, and any applicable policies or terms; and
   3. to interrupt the operation of the Websites, or any portion of the Websites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

    

8. Indemnity

   You must indemnify and hold harmless CarAdvice Network or its employee’s, independent contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:

   1. any breach by you of these Terms and Conditions; or
   2. reliance by you on any information obtained through the Websites.

    

9. Applicable Law

   The Websites (excluding any linked third party Websites) are controlled by CarAdvice Network. By accessing the Websites, you accept that any disputes about the Websites or the Content are to be determined by the Courts having jurisdiction in New South Wales.

   Although the Websites can be accessed throughout Australia and overseas, CarAdvice Network does not represent that the Content of the Websites complies with the laws (including the intellectual property laws) of countries outside Australia. If you access the Websites from outside Australia, you do this at your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

    

10. Contact Us

    CarAdvice Network aims to provide an exceptional level of service to our customers at all times. If you feel you have cause for complaint or any suggestions for improvement, please email us at [email protected] or call us on (02) 9002 5233 and we will endeavour to respond to you within five (5) business days.