Terms and Conditions | Truckworld.com.au

1.1.

In these terms and conditions:

(a)	a reference to "we", "us" and "*our" (or any cognate expression) is a reference to Truckworld.com.au Pty. Ltd.* (ACN 115 904 982);
(b)	a reference to “*you” or “your*” (or any cognate expression) is a reference to any user of this website (explained further in paragraph 1.1(c) below);
(c)	for the purposes of paragraph 1.1(b) (above) a user of this website includes an advertiser that places an advertisement with us and any person that accesses this website including any listings or hyperlink on this website or any other part of this website, for any reason whatsoever;
(d)	the singular includes the plural and vice versa;
(e)	headings are for convenience only and do not affect interpretation;
(f)	other grammatical forms of defined words or expressions have corresponding meanings;
(g)	a reference to a party to this document includes that party's successors and permitted assigns;
(h)	a reference to a user, party or person includes a company, legal entity or body of persons;
(i)	a reference to a deed, document or agreement includes that deed, document or agreement as novated, amended, altered or replaced;
(j)	a reference to anything includes the whole or any part of that thing and a reference to a group of things or persons includes each thing or person in that group;
(k)	dollars and $ refer to Australian currency unless otherwise specified;
(l)	words implying natural persons include partnerships, bodies corporate and associations;
(m)	a reference to legislation or statutory instrument or a provision of any legislation or statutory instrument includes modifications or re-enactments of the legislation or statutory instrument, or any legislative or statutory provision substituted for, and all legislation and statutory instruments and regulations issued under the legislation; and
(n)	an expression not otherwise defined in this document has the same meaning as in the Acts Interpretation Act 1901 (Cth) or the equivalent State legislation, as applicable; and
(o)	the words “include”, “including”, “for example” or “such as” are not used as, nor is it to be interpreted as, a word of limitation and when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.

In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. If you continue to use this website, then you are taken to have agreed to these terms and conditions.

3.1.

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website, without further notice to you. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

4.1.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system that arises in connection with your use of this website or any linked website.

4.2.

This website is hosted on a server that is located in Australia. We do not represent that we are permitted to provide the services and/or information that is provided on this website in any jurisdiction other than Australia from which this website may be viewed. You must ensure that your access to or use of this website is not illegal or prohibited by laws which apply to you.

4.3.

Access to this website may be terminated at any time by us without notice.

4.4.

No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us via the internet. Accordingly, any information which you transmit to us is transmitted at your own risk.

We undertake to comply with the terms of our privacy policy, which is located at http://www.truckworld.com.au/privacy.aspx.

6.1.

If you provide any content or material on this website, which includes any advertisement or other material posted or otherwise placed on this website whether directly or indirectly including via a hyperlink, then you agree to the following terms and conditions:

(a)	you will be responsible for all aspects of the production of the content and material;
(b)	you will ensure that your content and material is up to date, accurate and not misleading or deceptive;
(c)	if you are an individual, then you must be and you represent and warrant to us that over the age of eighteen (18) years;
(d)	if you are a company, then you must be and you represent and warrant to us that you are solvent and there are reasonable grounds to believe that you able to pay your debts as and when they fall due and further that no process has commenced which could, with the passage of time, result in the appointment of any administrator, receiver, receiver and manager or liquidator (or anything analogous to any of these) over the company or any of its assets;
(e)	you will ensure your content and material will not be offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable or in any way unsuitable to persons under the age of eighteen (18) years;
(f)	your content and material complies with all applicable legal requirements (including laws, codes of conduct, industry codes and standards of practice);
(g)	you warrant that your content and material is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person;
(h)	you must procure on behalf of yourself and on behalf of us all proper licences, clearances, permissions, consents and releases in writing in respect of any copyright material, or third party intellectual property rights included in your content and material so that your content and material can be accessed and otherwise made available to users of the website;
(i)	you assign to us all assignable intellectual property rights in the content and material (including any advertisement) and you agree that we have an unfettered right to use (in any way we sees fit) any copyright subsisting in any content and material (including any advertisement) you provide us with. It is your responsibility to procure necessary moral rights consents from authors of work you provide on the website;
(j)	you acknowledge that any advertising content and material submitted by you will be treated by us as non-confidential and non-proprietary and we may use such material without restriction;
(k)	if you have a user account login, then you are responsible for protecting the confidentiality of your username and password;
(l)	you agree not to impersonate any other person or entity;
(m)	any content which you place on the website may be removed by us without notice at any time;
(n)	you acknowledge that we will have absolute editorial control in relation to any material and content (including for the avoidance of doubt, any advertisements) placed on the website, including the position and placement of the material and content;
(o)	you will not post or submit any material or content in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;
(p)	you will not post any content which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
(q)	you agree that any material and content provided by you may be displayed on the website and on any other website that we provide material and content to;

6.2.

Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

6.3.

Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for the advertisement any representations made in connection with its advertisement.

7.1.

We give no assurances or representations regarding the placement or grouping of any advertisement on this website and we will not be bound to publish on our website any advertisement submitted by you until accepted by us.

7.2.

We do not make any representations or warranties that access to the website will be uninterrupted, timely or secure.

7.3.

We may publish or procure the publication of your advertisement on more than one website and within other media as deemed appropriate by us in our absolute discretion.

7.4.

We reserve the right to not to publish or to suspend the publication of any advertisement, if in our opinion:

(a)	you are in breach of any term of these terms and conditions;
(b)	the publication of the advertisement is not in our interest; or
(c)	the advertisement contains a 'link' to another website.

7.5.

You agree to pay the advertising or subscription fees specified by us in Australian dollars and you remain liable to pay those advertising fees. You agree that those fees remain payable even if your advertisement is not published because you are in breach of these terms and conditions, we are otherwise entitled to suspend or remove your advertisement pursuant to these terms and conditions or the advertisement is not published because we have insufficient information in order to publish the advertisement.

7.6.

You must be legally able to sell any item you list and if you need a license or other qualification to sell any such item then you must at all times be appropriately licensed and qualified to sell that item.

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

8.1.

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

8.2.

commercialise any information, products or services obtained from any part of this website; without our prior written consent.

9.1.

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

9.2.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks:

(a)	in or as the whole or part of your own trademarks;
(b)	in connection with activities, products or services which are not ours;
(c)	in a manner which may be confusing, misleading or deceptive;
(d)	in a manner that disparages us or our information, products or services (including this website).

10.1.

This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.

10.2.

We are not responsible for the content or privacy practices associated with linked websites.

10.3.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

11.1.

All general information, such as our “Latest Truck, Trailer & Industry News” (which includes information provided on the website or by hyperlink) is provided in good faith.

11.2.

You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.

11.3.

We do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service.

11.4.

You agree to use our general information service for lawful purposes only.

(a)	arising out of a breach by you of these terms and conditions; or
(b)	arising as a result of your negligent, unlawful or wilful misconduct;
(c)	the publication by us (whether on this website or otherwise) of your material and content including any advertisement;
(d)	your sale or offering for sale of any item

12.1.

You indemnify us, our servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a breach by you of these terms and conditions or arising as a result of your negligent or wilful misconduct in connection with the provision of content pursuant to these terms and conditions.

12.2.

You indemnity us, against any bank fees and charges that arise from any dishonored payments and any legal or other debt collection costs we incur in order to obtain payment of any advertising fees payable by you.

12.3.

In the event you do not pay the relevant advertising or subscription fees on the due date, we may charge you interest at the rate of 18% per annum calculated daily on amount outstanding from the due date until and including the date payment is received.

If you are required by law to deduct or withhold taxes from a payment you make to us, you must:

13.1.

make that deduction or withholding (and any further deductions or withholdings contemplated by the paragraph below), pay to the appropriate government agency an amount equal to the full amount deducted and/or withheld as required by law and give us the original receipt for the payment; and

13.2.

pay additional amounts to us which will result in us receiving at the time the payment is due (after deduction or withholding of any taxes in respect of any additional amount) the full amount which we would have received if no deduction or withholding had been required.

14.1.

Subject to paragraph 14.2 and 14.3, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website (whether or hyperlink or otherwise), nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

14.2.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

14.3.

Despite any other provision in these terms and conditions to the contrary, nothing in these terms and conditions attempts or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

You may not without our prior written consent on-sell or commercialise in any way any content, material or other information obtained from this website including via a hyperlink.

These terms and conditions are governed by the laws in force in New South Wales, Australia. You irrevocably and unconditionally agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia (and any court of appeal) and you waive any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.

A provision of these terms and conditions that is illegal, invalid or unenforceable in a jurisdiction is ineffective in that jurisdiction to the extent of the illegality, invalidity or unenforceability. This does not affect the validity or enforceability of that provision in any other jurisdiction, nor the remainder of this document in any jurisdiction.

Any advertising or other pricing specified by us including where it is published on the website is subject to change without notice.

Unless otherwise specified, all amounts quoted in the relevant tax invoice are GST inclusive.

No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, these terms and conditions or any part of it.

If a time is not specified for the performance by a party of an obligation (including the payment of any amount) under these terms and conditions, it must be performed promptly.

We are not liable for any failure to perform or any delay in performing our obligations under these terms and conditions if that failure or delay is due to anything beyond our reasonable control.

A consent or waiver by us is effective only if in writing. If given subject to conditions, the consent or waiver only takes effect when the conditions are complied with to our satisfaction.

To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accept the above terms of use.

Truckworld

Truckworld.com.au Terms & Conditions