Disclaimer & Terms of Trade at DIGIADS.com.au

What is the effect of this agreement?
This agreement applies to the publication by DIGIADS.com.au ('DIGIADS') of advertisements and website content submitted by you, the customer as named in the registry.

How do you build an advertisement with DIGIADS.com.au?
In order to build an advertisement with DIGIADS.com.au for publication you must:
a. Be a private advertiser, unless otherwise agreed upon between DIGIADS.com.au and relevant party;
b. Complete and submit to DIGIADS.com.au an order for the advertisement; and
c. Pay the prescribed fee upon submission of the order.

What you must do.
You must:
a. Provide all information (text and photographs) in the formats prescribed by DIGIADS.com.au as defined below
b. Comply with DIGIADS.com.au advertising policy as prescribed from time to time; and
c. Obtain permission from the owner of copyright in any third party material incorporated into the advertisement. DIGIADS.com.au will have absolute editorial control in relation to the advertisements, including position and placement of the advertisement.

What you must not do.
You must not submit for publication with DIGIADS.com.au any advertisement which:
a. Does not comply with all relevant laws, common law or regulations (including relevant industry regulations, standards of practice or codes of conduct);
b. Infringes the intellectual property rights of any person;
c. Is obscene, offensive, defamatory or in any way unsuitable for people under the age of eighteen (18) years;
d. Comprise anything that can be used for any purpose or activity of an illegal, fraudulent or defamatory nature;
e. Is misleading or deceptive or likely to mislead or deceive; or
f. Which comprises anything which may adversely reflect on DIGIADS.com.au

Publication of advertisements on DIGIADS.com.au.
a. DIGIADS.com.au will not be bound to publish any advertisement submitted by you until DIGIADS.com.au accepts your order. Acceptance of your order takes place on publication.
b. DIGIADS may publish or procure the publication of your advertisements by placing the advertisement on the DIGIADS.com.au private listing internet site. From time to time, DIGIADS.com.au may additionally choose to publish the advertisement on other internet sites and within other media as deemed appropriate by and with the absolute discretion of DIGIADS.com.au.
c. DIGIADS.com.au may refuse to publish any advertisement if:

• You are in breach of this agreement; and/or
• In the absolute opinion of DIGIADS.com.au the publication of the advertisement is not in the interest of DIGIADS.com.au or the DIGIADS.com.au publication.

As a DIGIADS customer you acknowledge and agree that:
a. While every endeavour will be made to publish advertisements as ordered and accepted, DIGIADS.com.au will not be liable for misplacement, amendment or omissions or failure to publish a advertisement in the form ordered for any reason, including action or omissions on the part of DIGIADS.com.au, its employees or agents;
b. DIGIADS.com.au reserves the right refuse or withdraw any advertisement from publication at its own discretion without notice at any time.

Can an advertisement be cancelled, deleted or edited?
a. Once an order has been placed and confirmed by you, cancellation of the order can not be accepted, except under exceptional circumstances.
b. Although the order can not be cancelled, provision is made for the deletion of your advertisement, editing or changing the advertisement, online for the duration of your subscription.

Copyright in advertisement.
You hereby assign to DIGIADS.com.au all intellectual property rights in the advertisement, , unless otherwise agreed upon between DIGIADS.com.au and relevant party.

What will you have to pay?
a. Subject to the provisions of this agreement you must pay the relevant building fee in the specified currency at the rate and in the manner specified in the order.
b. For the avoidance of doubt you will have to pay the fee where:

• The advertisement is not published due to a breach of this agreement by you;
• The advertisement is not published due to your failure to provide sufficient information to DIGIADS.com.au.

You must indemnify DIGIADS.com.au.
You release and indemnify DIGIADS.com.au, its employees and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against DIGIADS.com.au arising out of:
a. A breach of this agreement by you;
b. Any wilful, unlawful or negligent act by you;
c. The publication by DIGIADS.com.au or any other person of your advertisement or any material supplied by you.

DIGIADS.com.au limits its liability.
Except as otherwise stated in this agreement, DIGIADS.com.au will be under no liability to you in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to this agreement or in respect of any failure or omission on the part of DIGIADS.com.au to comply with its obligations under this agreement or any negligent act or omission of DIGIADS.com.au.

Copyright and Trademark Notices:
All contents of these websites are: Copyright DIGIADS.com.au 2006 and/or its suppliers. All rights reserved.

No Automated Querying
You may not use any automated processes of any sort to query, access or copy content presented on the websites operated by DIGIADS.com.au without obtaining written approval in advance.

Not to Provide Inaccurate or Deceptive Information
As a condition of your use of these websites, you agree that you will not to provide inaccurate or deceptive information when completing forms provided to enable you to enquire about goods or services.

DIGIADS.com.au reserves the right to monitor email enquiries.

Registered Trademarks
carsales and other names of carsales product and/or services referenced herein are trademarks or registered trademarks of DIGIADS.com.au. Other product and company names mentioned herein may be the trademarks of their respective owners.

Liability Disclaimer
The information, software, products, and services published on any DIGIADS.com.au website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. DIGIADS.com.au and/or its respective suppliers may make improvements and/or changes to these websites at any time.

DIGIADS.com.au and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained in these websites for any purpose. All such information, software, products and services are provided "as is" without warranty of any kind. DIGIADS.com.au and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall DIGIADS.com.au and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of these websites or with the delay or inability to use these websites, or for any information, software, products, and services obtained through these websites, or otherwise arising out of the use of these websites, whether based on contract, tort, strict liability or otherwise, even if DIGIADS.com.au or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

No Unlawful or Prohibited Use
As a condition of your use of these websites, you warrant to DIGIADS.com.au that you will not use these websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Links to Third Party Sites
These websites may contain hyperlinks to websites operated by parties other than DIGIADS.com.au. Such hyperlinks are provided for your reference only. DIGIADS.com.au does not control such websites, and is not responsible for their contents.The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Use of Bulletin Board, Chat Rooms, and Other Communications Forums
If any DIGIADS.com.au website contains bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
• Falsify the origin or source of software or other material contained in a file that is uploaded.
• Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters.
• Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  

You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by DIGIADS.com.au, and such communications shall not be considered reviewed, screened, or approved by DIGIADS.com.au. DIGIADS.com.au reserves the right for any reason to remove without notice, any contents of the Forums received from users, including without limitation bulletin board postings. DIGIADS.com.au reserves the right to deny in its sole discretion any user access to its websites or any portion thereof without notice.

Software Available on DIGIADS.com.au's Website
Any software that is made available to download from these websites ("Software") is the copyrighted work of DIGIADS.com.au and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, DIGIADS.com.au. hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions, and for no other purpose.

Please note that all Software, including without limitation all HTML code and ActiveX controls contained in these websites, is owned by DIGIADS.com.au and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.

You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations Australia. You agree not export or re-export the Software, directly or indirectly, to any countries that are subject to Australian export restrictions.

Competitions
From time to time DIGIADS.com.au may run competitions in connection with surveys, newsletters or other promotions. By entering a DIGIADS.com.au competition, the entrant agrees to the Competition Terms & Conditions.

This agreement constitutes the whole agreement.
a. This document, the order and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties. All previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged herein and otherwise are hereby excluded and cancelled.
b. To the extent that any warranties are implied by law are not capable of being excluded or modified, the total liability of DIGIADS.com.au, its employees, servants and agents for breach of such warranties is limited to one or the other of the following at the option of DIGIADS.com.au:

• The supplying of the services again; or
• Payment of the costs of having the services supplied again.

What law governs this agreement?
This agreement is governed by and construed in accordance with the laws of Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts in this region.

More information.
General information which may be relevant to this agreement can also be found in the DIGIADS.com.au Privacy Statement. In addition to these general terms and conditions, DIGIADS.com.au reserves the right to refuse acceptance of any advertisement it considers inappropriate for whatever reason. Freeform description fields on this site constitute 'Forums' as described in the terms above, and their use is subject to the same conditions.