|
TERMS AND CONDITIONS/TERMS OF USE
1. ACCEPTANCE OF TERMS
The services that Euro DB Group Pty Ltd provides to User are subject to the following Terms of Use. Euro DB Group Pty Ltd reserves the right to update the term of use at any time without notice to User. The most current version of the terms of use can be reviewed by clicking on the "Terms of Use” link located on our Web pages.
1.1.1 This Agreement, which incorporates by reference other provisions applicable to use of eurodbautomotive.com.au , including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in eurodbautomotive.com.au, sets forth the terms and conditions that apply to use of eurodbautomotive.com.au by User. By using eurodbautomotive.com.au (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use eurodbautomotive.com.au sites is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
1.1.2 Euro DB Group Pty Ltd shall have the right at any time to change or discontinue any aspect or feature of eurodbautomotive.com.au, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
Euro DB Group shall have the right at any time to change or modify the terms and conditions applicable to User's use of eurodbautomotive.com.au, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on eurodbautomotive.com.au, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of eurodbautomotive.com.au by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, Euro DB Group Pty Ltd provides User with access to a variety of resources, including upload areas, product information and advertisement of goods or items for sale. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms Of Use.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of eurodbautomotive.com.au sites and all charges related thereto.
5. USER CONDUCT
5.1 User shall use eurodbautomotive.com.au for lawful purposes only. User shall not post or transmit through eurodbautomotive.com.au any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Euro DB Group 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in Euro DB Group’s discretion restricts or inhibits any other User from using or enjoying eurodbautomotive.com.au will not be permitted. User shall not use eurodbautomotive.com.au sites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Euro DB Group Pty Ltd.
5.2 eurodb.com.au contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of eurodbautomotive.com.au are copyrighted as a collective work under the Australian copyright laws. Euro DB Group Pty Ltd owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of any material on Euro DB Group web site will be permitted without the express permission of Euro DB Group Pty Ltd and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
5.3 User shall not upload, post or otherwise make available on eurodb.com.au any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. User permits any other User to access, view, store or reproduce the material for that User's personal use. The foregoing provisions of Section 5 are for the benefit of Euro DB Group Pty Ltd, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, advertising, photos, or communication facilities designed to enable User to communicate with others. User agrees to use such Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Services. By way of example, and not as a limitation, User agrees that when using the Services, User will not:
6.1 Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
6.2 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
6.3 Post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
6.4 Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
6.5 Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
6.6 Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
6.7 Advertise or offer to sell or buy any goods or services for any business purpose, without Euro DB Group Pty Ltd permission.
6.8 Download any file posted by another user cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
6.9 Restrict or inhibit any other user from using these Services.
6.10 Harvest or otherwise collect information about others, including email addresses.
6.11 Violate any applicable laws or regulations.
6.12 Create a false identity for the purpose of misleading others.
6.13 Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Euro DB Group Pty Ltd has no obligation to monitor such Services. However, Euro DB Group Pty Ltd reserves the right to review materials posted on eurodb.com.au and to remove any materials in its sole discretion. Euro DB Group Pty Ltd reserves the right to terminate User’s access to any or all of the Services at any time, without notice, for any reason whatsoever. Euro DB Group Pty Ltd reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Euro DB Group's sole discretion.
Materials uploaded to the web site Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information. Euro DB Group Pty Ltd does not control or endorse the content, messages or information found in any Services and, therefore, Euro DB Group Pty Ltd specifically disclaims any liability with regard to the Services and any actions resulting from User’s participation in any Services.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing Euro DB Group Pty Ltd with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Euro DB Group Pty Ltd immediately of any unauthorized use of User’s account or any other breach of security. Euro DB Group Pty Ltd will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Euro DB Group Pty Ltd or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
8.1 User expressly agrees that use of www.eurodb.com.au is at user's sole risk. neither Euro DB Group Pty Ltd, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that eurodbautomotive.com.au will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of eurodbautomotive.com.au, or as to the accuracy, reliability or content of any information, service, or merchandise provided through eurodb.com.au.
8.2 eurodb.com.au is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
8.3 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. User specifically acknowledges that Euro DB Group Pty Ltd is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
8.4 In no event will Euro DB Group Pty Ltd, or any person or entity involved in creating, producing or distributing eurodb.com.au, is liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use eurodb.com.au. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
8.5 In addition to the terms set forth above neither, Euro DB Group Pty Ltd, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects of the information contained within eurodbautomotive.com.au, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
8.6 Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
9. LINKS TO THIRD PARTY SITES
The links in this area will let you leave eurodbautomotive.com.au site. The linked sites are not under the control of Euro DB Group Pty Ltd and Euro DB Group Pty Ltd is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Euro DB Group Pty Ltd is not responsible for webcasting or any other form of transmission received from any linked site. Euro DB Group Pty Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Euro DB Group Pty Ltd of the site.
Euro DB Group Pty Ltd is a publisher of content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of eurodbautomotive.com.au, are those of the respective user(s) third party or distributor(s) and not of Euro DB Group Pty Ltd. Neither Euro DB Group Pty Ltd nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through EuroDBgroup.com.au represents the content of the respective information provider; Euro DB Group Pty Ltd neither endorses nor is responsible for the accuracy or reliability of any information, advertising or statement made on eurodbautomotive.com.au by anyone other than authorized Euro DB Group Pty Ltd employee spokespersons while acting in their official capacities. Under no circumstances will Euro DB Group Pty Ltd be liable for any loss or damage caused by a User's reliance on information obtained through EuroDBgroup.com.au. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, offers or other content available through eurodbautomotive.com.au. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
10. MONITORING
Euro DB Group Pty Ltd shall have the right, but not the obligation, to monitor the content of Euro DB Group Pty Ltd site, to determine compliance with this Agreement and any operating rules established by Euro DB Group Pty Ltd and to satisfy any law, regulation or authorized government request. Euro DB Group Pty Ltd shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Euro DB Group Pty Ltd sites. Without limiting the foregoing, Euro DB Group Pty Ltd shall have the right to remove any material that Euro DB Group Pty Ltd, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
11. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless Euro DB Group Pty Ltd, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of eurodb.com.au by User or User's Account.
12. TERMINATION
Either Euro DB Group Pty Ltd or User may terminate this Agreement at any time. Without limiting the foregoing, Euro DB Group Pty Ltd shall have the right to immediately terminate User's Account in the event of any conduct by User which Euro DB Group Pty Ltd, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
13. Miscellaneous
This Agreement and any operating rules for eurodbautomotive.com.au established by Euro DB Group Pty Ltd constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Australia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
14. COPYRIGHT NOTICE
Euro DB Group material on it's website its logos are trademarks of Euro DB Group Pty Ltd. All rights reserved. All other trademarks appearing on EuroDBgroup.com.au are the property of their respective owners.
15. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
16. Disclaimer
New and Reviews Disclaimer
The information on News and Reviews on these pages has been made available for general personal use only and is provided without any express or implied warranty as to its accuracy or currency.
Euro DB Group Pty Ltd trading under Euro DB Automotive accepts no responsibility for the results of any actions taken on the basis of information on News and Reviews pages, nor for the accuracy or completeness of any material contained herein.
Euro DB Group Pty Ltd expressly disclaims all and any liability and responsibility to any person in respect of the consequences of anything done or omitted to be done by such person in reliance, whether wholly or partially, upon this site.
Before relying on any information on this Internet site, users should seek confirmation from the originating or authorising body.
You acknowledge that whilst Euro DB Group endeavours to ensure that information on the Website and any related material provided to you by Euro DB Group is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Euro DB Group.
You acknowledge that the information on the Website does not necessarily reflect the views and opinions of Euro DB Group and that any material on this website should not be relied upon by you in making any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision.
You acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by Euro DB Group. No liability shall be accepted by Euro DB Group for any inaccuracy or omission in the information provided on the Website or the Euro DB Group Materials.
Euro DB Group claims no credit for the images or products featured on this site. If you discover an image file on the site for which you are the copyright holder and you wish to have the file deleted and removed from our server, please e mail us and the file will be promptly removed.
Refund Policy:
Euro DB Group Pty Ltd the respective owner of Euro DB Automotive is a provider of online vehicle classified services designed to enable users to sell or buy their car/s online. Whilst some of the offered services on Euro DB Automotive are free of charge, premium options and Dealership Services will attract a fee. It is therefore applicable for Euro DB Group Pty Ltd to in cooperate a refund policy as part of its commitment to further improve functionality of its product and services
A Refund will be issued if:
- After submission of ad/s your ad/s has not been listed on Euro DB Automotive whilst
- It complied with Euro DB Automotive Terms and Conditions
- All required ad/s submission criteria have been followed
- Euro DB Automotive failed to provide reason for exclusion of your listing within 72 hours of submission
- Failed to process the listing within 24hrs of submission
- Euro DB Automotive failed to comply with the given criteria of selected package
Refunds will NOT be issued for any of the following reasons:
- You sell your Car through other means.
- You change your mind about the selected listing.
- Submission of Incomplete ad/s*
- Submission of Errors within the ad/s **
- You sold your car before the listing expiry period.
- You have not received inquiries about your vehicle.
* Your listing can be modified as many times as required should errors or incomplete ad/s have been submitted.
Please contact customerservice@eurodbgroup.com.au if you require additional information about this policy.
|