CARAVEA WEBSITE TERMS

Agreement to Terms

By accessing or using our Website, you confirm that you accept these terms and conditions and that you agree to be legally bound by them.

Changes to our Website

We may update and change our Website from time to time to reflect changes to our services, changes in law or changes to our business priorities, which will occur without notice to you.

Any variations will apply will be binding on you from the date the varied terms and conditions are posted on the Website. You should check our terms and conditions each time you use our Website.

Our use of data

Any information collected within the Website will be collected in accordance with the Caravea Privacy Policy found here: Caravea.au.

You consent to our use of cookies, beacons, pixels or other behaviour and data tracking tools that we or a third-party use as described within the Caravea Privacy Policy.

Reliance on the Website

This Website is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation, performance, reliability or availability of the Website, to the maximum extent permitted by valid law.

You acknowledge that there may be interruptions or a restriction of function of the Website at any time, with or without notice. These interruptions may be known to us, intentionally instructed by us, or not known to us at all.

All content on the Website is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and does not include advice.

You warrant that you access this Website at your own risk and we are not responsible for any reliance you have on information from the Website, that it be operating at full or part function, or that it may cause harm to your own devices, including damage, loss and consequential cost to you, including but not limited to viruses or bugs.

Our Website may be accessed throughout Australia and overseas. We make no representation that our Website complies with the laws or regulations of any country outside Australia. If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Website. You consent to us providing any relevant information regarding your use to any valid legal requesting authority of any jurisdiction at our discretion.

While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by valid law.

User-Generated Content

The Website may include content and materials uploaded or posted by other users. This content has not been verified or approved by us, and any views or opinions expressed by users do not reflect our own.

Users may contribute content to the Website through vehicle listings, seller profiles, enquiry forms, interactive pages, messages, or other submissions (collectively, User Contributions).

Any User Contribution you submit will be treated as non-confidential and non-proprietary. You retain ownership of your content; however, by submitting it, you grant us, our affiliates, service providers, licensees, successors, and assigns a non-exclusive, royalty-free, perpetual licence to use, reproduce, modify, display, perform, distribute, and otherwise disclose your content for any purpose. You waive any moral rights you may have in relation to the use and publication of your User Contribution on the Website and consent to its use by us and our successors or assigns for any purpose.

We may disclose your identity to a third party if that third party claims that your User Contribution infringes their intellectual property rights or their right to privacy.

You are solely responsible for securing and backing up any User Contribution.

User Contributions may be collected and stored by us. We may, at our discretion, review content to ensure it complies with these Terms, but we are not obliged to do so. You should not assume that any content has been reviewed or approved by us.

We may remove any contribution that we determine, in our sole discretion, does not comply with professional standards expected on a premium listing site.

You represent and warrant that:

• you own or have the necessary rights to your User Contributions and to grant the licence described above;
• your User Contributions comply with these Terms;
• you are solely responsible for the legality, accuracy, and appropriateness of your contributions; and
• we are not responsible for the content or accuracy of User Contributions posted by you or others.

Prohibited uses

You must use the Website only for lawful purposes and in accordance with these Terms. You must not, and must not authorise, encourage, aid, abet, or incite any other person to:

• send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
• engage in any conduct that restricts or inhibits another person's use or enjoyment of the Website, or that, as determined by us, could harm us, other users, or expose them to liability;
• use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with anyone else's use, including their ability to engage in real-time interactions;
• use any robot, spider, scraper, or other automated device, process, or means to access the Website for any purpose, including monitoring or copying content;
• use any manual process to monitor or copy material on the Website without our prior written permission;
• reverse engineer, decompile, or attempt to extract source code from any part of the Website, whether by manual or automated means;
• use any device, software, or routine that interferes with the proper operation of the Website;
• introduce or attempt to introduce viruses, trojan horses, worms, logic bombs, spyware, malicious code, or other technologically harmful material;
• attempt to gain unauthorised access to any part of the Website, the server on which it is hosted, or any server, computer, or database connected to the Website;
• attack the Website via a denial-of-service (DoS) or distributed denial-of-service (DDoS) attack; or
• otherwise interfere with the normal functioning or security of the Website.

We may report any suspected illegal or prohibited conduct to relevant law enforcement authorities and will cooperate by disclosing your identity as required. If you breach this clause, your right to use the Website will terminate immediately.

Links to Other websites

Where there is a link to a website that is not governed by these Terms such link or content controlled by a third party (e.g. via API, RSS feed) are provided for your information only and do not indicate any endorsement of the respective website, marketing, messaging or the products or services provided at those websites. If you choose to use the links to access third party websites, products or services, you do so at your own risk.

Intellectual Property

You must not reproduce, copy, transmit, adapt, publish or communicate or otherwise exercise the intellectual property rights in the whole or any part of the material contained on our Website except with our prior written consent, or the consent of the relevant owner, where applicable. If you do so, your right to use our Website or receive benefits via any other arrangement with us will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, and pay any costs associated with such breach of this clause. Notwithstanding the above, we reserve all rights available at law or equity should such breach occur.

Disclaimer and limitation of liability

In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Website, any websites linked to it, any content on our Website or such other websites or any services or items obtained through our Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to your use or reliance on of any information obtained from the Website and any use of the Website's content, services and products other than as expressly authorised in these Terms.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their nominated representatives (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, they are to agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, and failing that the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

General

These Terms are governed by the laws in force in Victoria, Australia. By using our Website you agree to submit to the exclusive jurisdiction of the Courts of Victoria.

These terms and conditions constitute the entire agreement between you and us. Any prior arrangements, agreements, representations or undertakings are superseded by these Terms.

Any failure by us to enforce any of these Terms or any forbearance, delay or indulgence granted by us to you will not be construed as a waiver of our rights under these Terms.

We may assign or subcontract these Terms and any of our rights and obligations under these Terms to a third party. You may not assign your rights or obligations under these Terms except with our prior written consent.

If any of these Terms (or part of them) is held to be invalid or unenforceable, the remainder of the Terms will remain in full force, apart from the term or condition or part of it that is held to be invalid or unenforceable which will be narrowed to the minimum extent necessary for these Terms to be valid and enforceable, as intended and written.