Terms of Use Agreement
This Terms of Use Agreement was last updated on 1/11/10.
This Terms of Use Agreement ("Agreement") sets forth the terms and conditions governing your use of this online service ("Service") at this web site ("Cars Daily Site") through which our business ("Cars Daily") offers the Service. By using the Site, you agree that the terms and conditions of this Agreement, as it may be amended from time to time, govern your use of the Site and the Service. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Service and leave the Site. We reserve the right, at any time, to modify, alter, replace or otherwise update the terms and conditions of this Agreement without prior notice. Any such terms and conditions shall become effective immediately upon being posted at the Site. Your continued use of any Service after amendments are posted constitutes an acknowledgement and acceptance of the latest Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Through the Service, we are providing you with online classified advertisements, internet directory listings, article postings and/or blog postings. You must (1) provide all equipment necessary for your own Internet connection, including computer and modem, (2) provide for your access to the Internet, and (3) pay any fees to others required for such connection.
2. Disclaimer of Warranties
We provide the site on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. Cars Daily shall have no liability for any interruptions in the use of the Site or the Service. CARS DAILY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties. Therefore, the above exclusion may be inapplicable to you.
3. Limitation of Liability
CARS DAILY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER. IN PARTICULAR CARS DAILY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE "SERVICE," THE "SITE" OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF CARS DAILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, ******SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU.
4. Indemnification
You agree to indemnify and hold Cars Daily, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, damage, liability, cost or expense, including reasonable attorney fees and costs, that we are required to pay any third party due to, or arising out of, your use of the Site or Service, your breach of this Agreement, including, without limitation, your infringement of the trademark, copyright, trade secret, patent rights or rights of Cars Daily publicity or privacy of any other person or entity, or any such action by another user of the Service using your computer.
5. Registered Member's Account
Cars Daily For our classified websites, we currently display the following information on our listing ad pages:
- Listing title
- Listing number
- When the listing began
- Registered Member's username
- When Registered Member joined website
- Registered Member's listing location as it relates to the listing (City, state, zip code, country)
- Registered Member's phone number as it relates to the listing
- Price of listing item or service
- Website link related to listing
- Types of payment Registered Member accepts
- Number of views listing has had
- Listing description
- Listing photo(s)

The above information is subject to change. Currently, only the listing title, listing description, country and state are required fields. Registered Member has the option of filling in only the required fields and is solely responsible for which fields are filled in and displayed. Registered Member has the option of following this guide or choosing to not use the service.
6. Modifications and Interruption to Service
Cars Daily reserves the right to modify or discontinue the Service without notice to you. Cars Daily shall not be liable to you or any third party should Cars Daily exercise its right to modify or discontinue the Service. You acknowledge and accept that Cars Daily does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites may be subject to the terms of use and privacy policies of each such site, and we are not responsible therefore. We encourage you to review the terms of use and privacy policies of such third-party sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information you may view or access through the Service have either been provided by third party vendors or collected from publicly available sources. As a consequence, we make no representations or warranties as to the accuracy or reliability of any information provided on the Site.
Cars Daily makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.
9. Governing Law; Jurisdiction of the Courts; Attorney Fees
The Site and the Service are operated and provided in the State of NSW in Australia. As such, this Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of NSW without reference to any conflict or choice of law rules that would defeat the application of Australian law. We make no representation that the Site or the Service is appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site, you agree to do so subject to the internal laws of the State of NSW. Any cause of action you may have with respect to your use of the Site or the Service must be commenced within one (1) year after the claim or cause of action arises. All actions or suits concerning any dispute arising under this Agreement shall be determined in the first instance by the courts of the State of NSW. You irrevocably submit to the jurisdiction of such courts. The party against whom the court rules in any such litigation shall pay all reasonable attorney fees, disbursements and court costs of the other party as may be fixed by the judge.
10. Compliance with Laws
In your use of the Site and the Service, you are responsible for compliance with all laws applicable thereto. You may not use the Service in any way that violates applicable local, state, Federal, national or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, Federal, national or international law or regulation.
11. Copyright and Trademark Information
The copyright in certain content included or available on the Site, including, without limitation, Site design, text, graphics, interfaces, and the selection and arrangement thereof is owned by the Business or its licensors, vendors or advertisers, with all rights reserved therein. Any use of materials taken from the Site, including, without limitation, reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without the prior written permission of an authorized officer of the Business is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device or method, or manual process to monitor or copy the Site's web pages or the content contained therein without the prior written permission of an authorized officer of Cars Daily.
Trademarks displayed by vendors on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation by Cars Daily of those owners, any products or services they advertise or sell, or any other materials contained on their web sites. In addition, the use of trademarks or links to the web sites of our vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Cars Daily or that Cars Daily endorses or vouches for such vendor or any product or service advertised or offered thereby.
12. Objectionable Materials
Cars Daily does not and cannot review all content available through the Service or materials posted to the Site by third persons, including Registered Members. Cars Daily is not responsible for any such advertisements or materials. Cars Daily reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in business’s sole discretion are objectionable or in violation of this Agreement. While Cars Daily will endeavour to enforce the terms of this Agreement, we cannot warrant or represent that Registered Members will in fact adhere to this Agreement and cannot act as insurers against, or accept any liability for, their failure to do so.
14. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement, any other agreements referenced herein, and any information you provided Cars Daily, may be assigned by Cars Daily, in our sole discretion, to a third party in the event of a liquidation, merger or acquisition involving Cars Daily. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Registered Member. By accepting this Agreement, you are consenting to the use and disclosure of your personally identifiable information and the other practices described in our Privacy Policy. Please review our Privacy Policy, which is incorporated in this Agreement by this reference as if fully set forth in this Agreement. Section headings in this Agreement are for convenience only and shall not be used in the interpretation of any provision of this Agreement.
Privacy Policy
1. Acknowledgement and Acceptance of Terms
Cars Daily is committed to protecting your privacy. This Privacy Policy and Cars Daily 's Terms of Use Agreement set forth our current privacy practices with regard to the information we collect when you or your computer interact with our web site. By accessing Cars Daily web site, you acknowledge and fully understand Cars Daily’s Privacy Policy and freely consent to the information collection and use practices described in this web site Privacy Policy.
2. Participating Merchant Policies
Related services and offerings with links from this web site, including vendor sites, may have their own privacy policies that can be viewed by clicking on the corresponding links within each respective web site. Online merchants and others who participate in Cars Daily 's services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. Since we do not have direct control over the policies or practices of participating merchants and other third parties, however, we are not responsible for the privacy practices of those persons or their web sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.
3. Information We Collect and How We Use It
Cars Daily collects certain information from and about its users three ways: directly from our web server logs; information you give to us; and with cookies.
a. Web Server Logs
When you visit our web site, we may track information to administer the site and analyze its usage. Examples of information we may track include:
- Your Internet protocol address.
- The kind of browser or computer you use.
- Number of links you click within the site.
- State or country from which you accessed the site.
- Date and time of your visit.
- Name of your Internet service provider.
- Web page from which you linked to our site.
- Pages you viewed on the site.

b. Use of Cookies
Cars Daily may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
Cars Daily reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our web site unless there is a temporary, overriding customer value (such as merging information or advertisements into Cars Daily 's site that relies on third-party cookies).
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our web site.
There are some things you should know regarding Google Ads placed on our website:
- Google, as a third party vendor, uses cookies to serve ads on this site.
- Google's use of the DART cookie enables it to serve ads to our users based on their visit to our sites and other sites on the Internet.
- Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

c. Personal User Information
Visitors to our web site may be able to register to purchase services either through our service or a third party service. When you register, some personal information, such as name, address, email, telephone number or facsimile number, account number and other relevant information may be requested. If you are purchasing a service, financial information may be requested. Any financial information collected is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, relevant information may be requested. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.
By registering for the Service, you agree to receive periodic emails that will be sent to the email address you registered with, such as, but not limited to, registration confirmation, ad placement confirmation, contact email, ad placement confirmation, reminders and website newsletters.
We will not disclose personally identifiable information we collect from you to third parties without your permission, except to the extent necessary, including:
- To fulfill your requests for services;
- To protect ourselves from liability;
- To respond to legal process or an investigation carried out by any law enforcement agency, or to otherwise comply with law; or
- In connection with a merger, acquisition or liquidation of the Cars Daily.

4. Use of Web Beacons or GIF files
Cars Daily web pages may contain electronic images known as web beacons - sometimes also called single-pixel gifs - that allow Cars Daily to count users who have visited those pages and to deliver co-branded services. Cars Daily may include web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.
Some of these web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which, in turn enables us and our service providers to learn which advertisements and emails bring you to our web site and how you use the site. Cars Daily prohibits web beacons from being used to collect or access your personal information.
5. Accessing Web Account Information
We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may contact us to review this information by sending an email to our support email. Info@boatsdaily.com.au
6. Changes to this Statement
Cars Daily reserves the right to occasionally update this Privacy Policy. When we do, we will also revise the "updated" date at the top of this Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this Privacy Policy and any updates.
7. Contacting Us
If you have questions regarding our Privacy Policy, its implementation, failure to adhere to this Privacy Policy and/or our general practices, please contact us at [info] at [boatsdaily.com.au].
8. If you would like more information regarding online privacy, please visit the NAI at http://www.networkadvertising.org.
Notice and Procedure for Making Claims of Copyright Infringement
The Cars Daily’s Designated Agent for notice of claims of copyright infringement on or relating to this Site can be reached by sending an:
- Email to [info] at [boatsdaily.com.au] (fastest method)
or by sending a letter via postal mail:
NOTE: The above phone and fax numbers are not for website support. If you need website support, please click the "Support" link located at the top of our websites.
1. Cars Daily will remove or disable access to the material that is alleged to be infringing;
2. Cars Daily will forward the written notification to such alleged infringer (the “Alleged Infringer”);
3. Cars Daily will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
Counter Notification:If you receive a notice from us that you are alleged to have infringed the copyright of someone else, you may send us a Counter Notification.