Terms and Conditions

Terms and Conditions

Welcome to the websites and services owned or operated by CoolWheels Pty Ltd. These are the Terms & Conditions for your use of the sites which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access any site, regardless of how you access a site.

Use of the Sites

When you use a site, you agree to be bound by these Terms & Conditions, which are subject to change at Coolwheels sole discretion. Your use of and access to a site indicates your acceptance of these Terms & Conditions, as they exist at that time.

Intellectual Property

All intellectual property in relation to content on these sites belongs to CoolWheels or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All the content on our sites is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
CoolWheels logos and CoolWheels word are Registered Trademarks. Other Trademarks may be displayed on the sites from time to time. These may belong to third parties. Nothing displayed on any site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on a site without the express written permission of the relevant owner.

Use of Site Content

You may download and view or print a copy of content on any site for personal, non-commercial use provided you do not modify the content in any way. Except with the express written permission of CoolWheels you must not:

  • publish, republish, transmit, display, or otherwise make available any content from a site (whether online or otherwise);
  • copy, scrape, data-mine or otherwise appropriate any content from a site (whether manually or by any automated process);
  • use any content from a site in order to develop or promote any website, database or e-store; or
  • use any content from a site in a way that otherwise violates any of the terms and conditions from a site, including but not limited to use in a way that would infringe the intellectual property rights of CoolWheels or any of its related entities, or any third party.

CoolWheels may, in its absolute discretion, terminate your right to use a site if it considers that you or any related party (including any company of which you are a director) have breached these terms and conditions or otherwise acted in a way that is injurious to CoolWheels or any related entity. CoolWheels also expressly reserves the right to take whatever other action it deems necessary to protect its interests or the interests of its related entities.

Liability & Indemnity

CoolWheels does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, CoolWheels excludes all rights, remedies, conditions and warranties in respect of goods or services from your use of any site whether based in statute, common law or otherwise to the extent permitted by law.

To the fullest extent possible:

(1) CoolWheels does not warrant the accuracy of the content on its sites. The content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on any site may be changed at CoolWheels sole discretion and without notice. In particular CoolWheels gives no guarantee of continued availability of any particular motor vehicle or part advertised on any site and CoolWheels accepts no responsibility for any information regarding motor vehicles or parts as they appear on any site. You acknowledge that CoolWheels has no control over the quality, safety or standard of motor vehicles or parts advertised on a site or the truth or accuracy of the information contained on any site (including in any listings or other advertisements) and that any information provided on a site and any illustrations or photographs displayed on a site are solely for guidance and are not to be relied on. Further, CoolWheels does not warrant that notices or advertisements will appear on a site according to instructions.

(2) Liability of CoolWheels, for any breach of a term or condition implied by law is limited at CoolWheels discretion, to the supply of any service again or the payment for the cost of having any service supplied again.

(3) CoolWheels does not warrant that functions contained in any site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that CoolWheels or the server that makes it available, are free of viruses or bugs.

(4) You indemnify CoolWheels and its affiliated companies, and each of their directors, officers, employees and agents against any direct or indirect damages, action, claim, loss or expense in contract, under statute or in tort (including negligence) which it incurs which arises from your use of a site.

Third Party Content & Links

The sites may include third party content which is subject to that third party's terms and conditions of use. Nothing on the sites should be construed as granting any licence or right for you to use that content.

The sites may include links to third party sites which are not related to CoolWheels and in relation to which CoolWheels has no control or interest. The appearance of those links on any Site does not indicate any relationship between CoolWheels and that third party or any endorsement by CoolWheels of that third party, its site or the products or services which it is advertising on any site.

Contributing Content

When you submit content to CoolWheels in any format, including any text, photographs, graphics, video or audio, you grant CoolWheels a non-exclusive, royalty-free, perpetual licence to publish that content.

You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory, that it does not infringe any law including but not limited to competition and consumer legislation, fair trading legislation, motor dealer legislation, privacy, confidentiality and intellectual property law and that you have not impersonated any person or entity or falsely stated or otherwise misrepresented their affiliation with a person or entity or forged any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

You agree that CoolWheels can use that content in any way, now and in the future. CoolWheels also reserves the right not to use the content you submit.

You waive any moral rights in your contribution for the purposes of its submission to and publication on any site.

You indemnify CoolWheels against any and all legal fees, damages and other expenses that may be incurred by CoolWheels as a result of a breach of the above warranty.

Live Chat Box

You acknowledge that the sites may provide access to live chat boxes which are owned and operated by third parties unrelated to and unaffiliated with CoolWheels and has no control over the content posted by you or any other third party (such as a dealer) in any live chat box. To the maximum extent permitted by law, CoolWheels disclaims all responsibility and liability to you for your use of any live chat box on the sites.

You agree that your use of any live chat box on any site will comply with these Terms and Conditions and any terms of use of a third party operating a live chat box on a site. You will indemnify and keep indemnified CoolWheels and its affiliated companies and each of their directors, officers, employees and agents against any direct or indirect damages, actions, claims, losses or expenses, third party or otherwise, which arise out of or relates to your use of any live chat box on the sites.

Ratings and Reviews

By submitting any rating, review, question or answer on any site, and in addition to the representations and warranties outlined above, you further represent and warrant that: you are the sole author of that content; you voluntarily waive all moral rights you may have in the content; you assign all intellectual property rights in the content to CoolWheels; the content you post is accurate; you are at least at the age of 18 or over and the content does not otherwise violate these Terms and Conditions, or otherwise cause injury to any person or entity.

You agree to indemnify and hold CoolWheels and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, harmless from all claims, demands, penalties, loss and damages which maybe actual and consequential of every kind and nature, known and unknown including reasonable legal fees, arising out of a breach of any representations and warranties set forth in these terms and conditions, or your violation of any law or the rights of a third party.

You acknowledge and agree that any rating, review, question or answer on any site which you submit may be used at the sole discretion of CoolWheels reserves the right to change, condense, withhold publication, remove or delete such content on any site as it deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. CoolWheels does not guarantee that you will have any recourse through it to edit or delete the content you have submitted. CoolWheels reserves the right to remove or to refuse to post any submission to the extent authorised by law. You acknowledge that you, not CoolWheels are responsible for such content you submit. None of the content that you submit shall be subject to any obligation of confidence on the part of CoolWheels, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. All such content that you submit is subject to the CoolWheels Privacy Policy.

Responsible Disclosure Statement

At CoolWheels.com.au the security of our systems is top priority. No matter how much effort we put into system security, there might be vulnerabilities present. If you discover a vulnerability, we would like to know about it so we can take steps to address it. We would like to ask you to help us protect our clients and our systems.

Do's:

  • Report in a manner that safeguards the confidentiality of the report so that others do not gain access to the information.
  • Report the vulnerability as quickly as is reasonably possible, to minimise the risk of hostile actors finding it and taking advantage of it.
  • Provide sufficient information to reproduce the problem, so we will be able to resolve it. Usually, the IP address or the URL of the affected system and a description of the vulnerability will be sufficient. But complex vulnerabilities may require further explanation.

Don'ts:

  • Reveal the vulnerability or problem to others until it is resolved.
  • Copy, modify or delete data on the system. An alternative for doing so is making a directory listing of the system.
  • Make changes to the system.
  • Build your own backdoor in an information system with the intention of then using it to demonstrate the vulnerability, because doing so can cause additional damage and create unnecessary security risks.
  • Utilise a vulnerability further than necessary to establish its existence.
  • Repeatedly gain access to the system or sharing access with others.
  • Use brute force attacks, attacks on physical security, social engineering, distributed denial of service, spam or applications of third parties to gain access to the system

What we promise:

  • We will respond to your report within 14 business days with our evaluation of the report and an expected resolution date.
  • If you have followed the instructions above, we will not take any legal action against you concerning the report.
  • In the public information concerning the reported problem, we will give your name as the discoverer of the problem (unless you desire otherwise).
  • We will not pass on your personal details to third parties without your permission, unless it is necessary to comply with a legal obligation. Reporting under a pseudonym or anonymous is possible.
  • We will keep you informed of the progress towards resolving the problem.

We strive to resolve all problems as quickly as possible, and we would like to play an active role in the ultimate publication on the problem after it is resolved.

General

  • You acknowledge that prices of vehicles provided on the sites normally exclude government and statutory charges, unless otherwise stated.
  • You will not use any site for any purpose or in any way which is unlawful.
  • These Terms & Conditions shall be governed by and interpreted in accordance with the laws of Queensland.
  • CoolWheels may, at its discretion, refuse to pass on a lead to an advertiser if it believes the lead may infringe the rights of any person or may not comply with all or any laws and regulations.
  • Payment calculators that may appear on the sites are estimates only for indicative purposes and do not necessarily reflect any
  • CoolWheels may assign, transfer, novate and otherwise deal in any manner with all or any part of the benefit of these Terms and Conditions (including any agreement incorporating or forming part of these Terms and Conditions (Agreement)) and any of its rights, remedies, powers, duties and obligations under these Terms and Conditions and/or an Agreement, to any person without prior consent from you.