Truckworld.com.au Terms & Conditions

1. Definitions and terminology
1.1. In these terms and conditions:
(a) a reference to "we", "us" and "our" (or any similar expression) is a reference to Truckworld.com.au Pty. Ltd. (ACN 115 904 982);
(b) a reference to "you" or "your" ) is a reference to any user of this website (explained further in paragraph 1.2 below);
(c) (c) For the purposes of paragraph (b) (above) a user of this website includes an advertiser that places an advertisement with us, any person that accesses this website including any listings or hyperlink on this website or any other part of this website, for any reason;
(d) "Australian Consumer Law" means the Australian Consumer Law pursuant to the Competition And Consumer Act 2010 (Cth);
(e) the singular includes the plural and vice versa;
(f) headings are for convenience only and do not affect interpretation;
(g) other grammatical forms of defined words or expressions have corresponding meanings;
(h) a reference to a party to this document includes that party's successors and permitted assigns;
(i) a reference to a user, party or person includes a company, legal entity or body of persons;
(j) a reference to a deed, document or agreement includes that deed, document or agreement as novated, amended, altered or replaced;
(k) 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;
(l) dollars and $ refer to Australian currency unless otherwise specified;
(m) words implying natural persons include partnerships, bodies corporate and associations;
(n) 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
(o) 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
(p) (p) 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.
2. Acceptance of these terms and conditions
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. Amendments 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. Accessing this website
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.
5. Privacy policy
We undertake to comply with the terms of our privacy policy, which is located at https://www.truckworld.com.au/privacy/.
6. Material and content providers
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 abide by 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) 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;
(d) you will ensure that your content and material complies with all applicable legal requirements (including laws, codes of conduct, industry codes and standards of practice);
(e) 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;
(f) 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;
(g) 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;
(h) 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;
(i) if you have a user account login, then you are responsible for protecting the confidentiality of your username and password;
(j) if you have a user account login, you must not disclose your username or password to any other person without our prior written consent;
(k) if you have a user account login, you must not authorize any other party to use or access your account without our prior written consent;
(l) you agree not to impersonate any other person;
(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;
(r) all information provided by us on our website is provided in good faith. 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 and we reserve the right to update this information at any time. 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 we post on our website.
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 any representations made in connection with its advertisement.
7. Advertisements
7.1. 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. 7.2. We do not make any representations or warranties that access to the website will be uninterrupted, timely or secure.
7.3. 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. 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 fee specified by us in Australian dollars and you remain liable to pay that advertising fee. You agree that the advertising fee remains 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. If you are a dealer or subscription user of our advertising services then you agree to pay all fees (including any initial, set-up, establishment and on-going periodic fees) specified by us in Australian dollars and you remain liable to pay that advertising fee. Where a minimum lock-in period applies, this will be notified to you on our website at the time you enter into an arrangement or agreement with us in relation to our advertising services. You agree that the relevant 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. Where a periodic fee applies to a dealer or subscription user, we may upon giving you not less than 30 days notice (by email to the email address notified in your user account) of the relevant increase. After the expiry of the notice period, the increased fee will apply and your continued use of the service after that time will constitute your agreement to the fee increase.
7.7. If you are a dealer of our advertising or other services you or we may terminate this agreement at any time or for any reason with 90 days written notice provided to the other party. During and after the notice period you agree that any relevant outstanding fees must be paid in accordance with the terms of the agreement. Termination pursuant to this clause shall not affect any rights or remedies that the we may have otherwise under this agreement or at law.
8. Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by 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;
9. Trade marks
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. Linked websites
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. General information service - Latest Truck, Trailer & Industry News
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.
12. Indemnity
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 indemnify us, against any bank fees and charges that we are liable to pay arising 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 fees on the due date, we may charge you interest at the rate of 12% per annum calculated daily on amount outstanding from the due date until and including the date payment is received.
13. Withholding
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. Disclaimer
14.1. 14.1. Subject to paragraph 14.2 and 14.3, we do not accept responsibility for any loss or damage, however caused or arising (including through negligence), which you may directly or indirectly suffer or incur in connection with your use of this website or any linked website (whether by 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. We are not responsible for the content of any information transmitted on or through this website.
14.2. 14.2. To the extent permitted by law (including where applicable the Australian Consumer Law) any condition or warranty which would otherwise be implied into these terms and conditions is excluded. We will, to the extent we are required to, also comply with our obligations under the Australian Consumer Law.
14.3. 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 (including under the Australian Consumer Law) if, and to the extent, such liability cannot be lawfully excluded.
15. Website commercialisation
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.
16. Governing law
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.
17. Severability
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.
18. Pricing
Any pricing published on the website is subject to change without notice.
19. GST
Unless otherwise specified, all amounts quoted in the relevant tax invoice are GST inclusive.
20. Interpretation
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.
21. Prompt performance
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.
22. Force majeure
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, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments), mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage or inability to obtain supplies, materials, equipment or transportation, regardless of whether the circumstances in question could have been foreseen.
23. Consent and waivers
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.
24. To return to the website
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.
Copyright 2017 " - licensed to Truckworld.com.au Pty. Ltd. Version 2.4 (February 2016)