Terms and Conditions Introduction
These terms and conditions shall apply to your use of the website located at www.travellerscarmarket.com.
By using the travellerscarmarket website, you agree to be bound by the following terms and conditions . If you do not wish to be bound by these terms and conditions, you should not use the travellerscarmarket website.
We may change these terms and conditions from time to time and so you should check these regularly. Your use of the travellerscarmarket website will be deemed an acceptance of the terms existing at that time.
As part of our commitment to ensuring the travellerscarmarket website is one which you want to use time and time again, we welcome your comments on any of the policies or rules set out below. To contact us, please e-mail sales@travellerscarmarket.com.
Terms and Conditions Summary
Our objective is to enable you to buy and sell backpacker vehicles and help you reduce your travel costs by sharing rides between travellers across Australia and New Zealand using the travellerscarmarket.com website.
When we judge that the site has a reasonable number of vehicles we plan to start charging for the advertising of vehicles for sale. The service for buying a car, sharing a ride, and other travel related facilities are free to the backpacker.
You must use a credit card or a debit card to place any chargeable vehicle sales advert.
We do not own any vehicles and the buying and selling of vehicles, the sharing of rides, and any other travel related services on the travellerscarmarket website and any of these services is deemed to be a contract between you and the advertiser.
The advertising information provided regarding vehicles, rides and other services is the responsibility of the advertiser and travellerscarmarket is not responsible for the quality and accuracy of such information.
We will endeavour to ensure that the advertisers receive notification of your interest in their offering quickly and accurately.
We will not be responsible to you for any loss or damage that you or any third party may suffer as a result of using the travellerscarmarket website, and our liability, if any is limited to the selling fee, if any, that you have paid.
You agree to use the website in a reasonable manner, keeping advertisements up to date and deleting them when they are no longer appropriate.
Any advertising fees are non-refundable and non-transferable.
If you place a vehicle sales advertisement with us you pay any applicable fee online. In this case the following privacy statements apply. Our payment systems are run by PayPal, an Internationally recognised secure credit card authorisation firm. Your card details and address information are collected and stored by PayPal, not by travellerscarmarket. Their terms and conditions apply and can be found on their site : http:/www.paypal.com
Further Information on Terms and Conditions
Definitions
"You" means you, the user of the travellerscarmarket website and "Your" shall be interpreted accordingly. "We/Us" means Travellerscarmarket of PO Box 7343, Cairns, Qld 4870 and "Our" shall be interpreted accordingly. "travellerscarmarket" shall have the meaning as set out above. "User Information" means the personal details which may be provided by you to us via the travellerscarmarket website . "Users" means the users of the travellerscarmarket website collectively and/or individually as the context admits." Advertisers means the individuals and organisations providing travel related services collectively and/or individually as the context admits. " advertising information" or “listings “means the details which have been provided by the advertisers to us via the travellerscarmarket website . "Website" means a site on the World Wide Web.
2. Acceptable Use
You and the advertisers agree that any use of the travellerscarmarket website shall be in accordance with the following conditions:
2.1 You and the advertisers will not post or transmit through travellerscarmarket any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You and the advertisers must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive.
2.2 You and the advertisers will not post or otherwise make available on the travellerscarmarket website any material which you do not own without the express permission of the owner of the material.
2.3 You and the advertisers will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the travellerscarmarket website except as is strictly necessary for your own personal non-commercial home use.
2.4 You and the advertisers will abide by the specific rules of any competition or promotion that you participate in on, or via, the travellerscarmarket website.
2.5 You and the advertisers will not do anything that affects the operability or security of the travellerscarmarket website, or causes unreasonable inconvenience or offence or disruption to our staff or the advertisers.
3. Third Party Websites
3.1 You acknowledge and agree that we are not responsible for the availability of any third party websites or material you access through the travellerscarmarket website.
3.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.
3.3 Any dealings between you and any third party advertisers or merchants found on or via travellerscarmarket, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Therefore, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings. Where you purchase goods or services directly from us, section 9 of these terms and conditions will apply.
4. Intellectual Property
4.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of travellerscarmarket shall remain at all times vested in us or our licensors. You are permitted to use this material or content only as expressly authorised in writing by us or our licensors. You will not, and you will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.
4.2 If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.
4.3 Advertisers acknowledge that by posting materials on the travellerscarmarket website for publication they grant to us an irrevocable, perpetual, royalty free, worldwide licence to publish the materials within the travellerscarmarket website.
5. Liability for and information provided on the travellerscarmarket website
5.1 Advertisers information which is posted on the travellerscarmarket website is written by advertisers and we are not responsible for such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by advertisers and edit, refuse to post, or remove any content from the travellerscarmarket website at our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by us.
5.2 We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the travellerscarmarket website, or for statements, advice and/or opinions made or given by users or advertisers (except as required by law). If you have any claim arising from the actions or statements of another user or advertiser, you agree to pursue such a claim only against that user or advertiser and not from us.
5.3 We will endeavour to provide the travellerscarmarket website using all reasonable care. Except as required by law, we will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the travellerscarmarket website and do not promise that the material contained in the travellerscarmarket website, or any of the functions contained in the travellerscarmarket website or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
5.4 We will not be responsible or liable for any loss or damage that you, an advertiser, or any third party may suffer as a result of using or in connection with your use of the travellerscarmarket website. We will not be liable for any claims, liability, costs or expenses, income or profit, including legal fees, however arising as a result of your use of the travellerscarmarket website.
5.5 We are not liable if the advertised services are unsuitable for your purposes.
6. Indemnity
Both you and the advertisers agree to indemnify us, and/or any of our affiliates and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of the travellerscarmarket website. Use of this website is at your or the advertisers own risk.
7. Termination
We reserve the right immediately to terminate your use of the travellerscarmarket website if you breach, or we have reasonable grounds to believe that you are likely to breach, these terms and conditions, or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.
8. Feedback
Should You wish to make any comments to us about the travellerscarmarket website or if you have any questions relating to the same, please contact us using the facilities on the travellerscarmarket website.
9. Travellerscarmarket Advertisements and Listings
These terms and conditions cover all advertisements and listings made through the travellerscarmarket website (other than purchases made directly on third party Websites that are linked to the travellerscarmarket website - in which case the contract of sale will exist between you and the third party, and the terms and conditions of such third party website shall cover such sale).
9.1 On placing a vehicle sales advertisement you shall pay to us the appropriate advertising fee.
9.2 Prices, descriptions and availability of vehicles, rides and services.
Prices are subject to change without notice and all rides and services are subject to availability.
9.3 Payment methods
You may pay your vehicle sales fee online using a credit or debit card ( We accept most major credit and debit cards ). All prices are in Australian or New Zealand dollars.
9.4 Queries and complaints
Should you have a query or complaint relating to our services, please contact us by email to sales@travellerscarmarket.com .We aim to:
- Acknowledge complaints within 5 working days
- Advise you how long it will take to resolve the complaint
- Keep you informed throughout the process
For the avoidance of doubt your remedies for defective advertising services lie solely with travellerscarmarket
9.5 Security
We take security seriously and take every reasonable precaution to protect your personal information both online and off-line. Information requested when registering or ordering goods (including Your credit / debit card details) is encrypted with SSL (Secure Socket Layer), the industry standard encryption software. To help us keep your personal information secure you agree to keep your password secret. You also agree to notify us and the relevant credit card company or other affected organisation (in accordance with their procedures) as soon as you become aware of any breach in security and to comply with any reasonable instructions that they or we may give you. We will take reasonable care (to the extent that it is within our power to do so) to keep the details of your booking and payment secure but we cannot promise that security breaches will never occur. Our entire liability to you (including for negligence) regarding any security breach will be to endeavour to prevent it continuance or repetition once the problem is drawn to our attention.
9.6 Liability
To the extent permitted by law any services we provide are done so on an "as is" basis and we make no representations or warranties of any kind to the accuracy, completeness, satisfactory quality or suitability for any purpose of the information or any of the services provided by the travellerscarmarket website.
9.7 Registration and Promotional Information
Registration is not necessary but will make your use of the travellerscarmarket website easier. We will store your personal details securely with access protected by a user email name and password. When registering you may opt to receive promotional and/or marketing information about other products, services and offerings from us, our affiliated companies and/or occasionally selected third parties via the travellerscarmarket website. If you no longer wish to receive such marketing or promotional materials you may opt-out of receiving these communications by using the features of the travellerscarmarket website to modify your registration details.
10. General
10.1 Invalidity etc.
If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.
10.2 Governing Law
These terms and conditions and the travellerscarmarket website are governed by the laws of Australia and New Zealand. Disputes can be dealt with by the Australian and New Zealand courts.
10.3 Third Party Rights
These terms and conditions apply between us, users and advertisers. No other person is entitled to benefit under these terms and conditions.