Terms and Conditions

Only Sales Limited ACN 658 905 189

Preliminary

1. Only Sales Limited ACN 658 905 189 of Suite 3, Level 1, Credit One Building, 81 Brandl Street, Eight Mile Plains QLD 4113 (we, us and our) operates various websites, including but not limited to the following:
1. www.onlyboats.com.au;
2. www.onlycars.com.au;
3. www.onlytrucks.com.au;
4. www.onlytrailers.com.au;
5. www.onlyearthmoving.com.au;
6. www.onlyag.com.au; and
7. www.onlyvans.com.au,
(each of which is referred to as our Site in these terms and conditions).
2. By accessing or using our Site, you confirm that you accept these terms and conditions and that you agree to be bound by them.

We may make changes to our Site and these terms

3. We may update and change our Site from time to time to reflect changes to our products, our users' needs, changes in law and our business priorities.
4. We may vary these terms and conditions without notice to you. The variations will apply and be binding on you from the date the varied terms and conditions are posted on our Site. You should check our terms and conditions each time you use our Site. We will endeavour to give you reasonable notice of any major changes.

We may suspend or withdraw our Site

5. We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will endeavour to give you reasonable notice of any suspension or withdrawal.

Eligibility to use our Site

6. Our Site is directed to users who are at least 18 years old and are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.

We are not responsible for websites we link to

7. Where our Site contains links to other websites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and do not indicate any endorsement of the website or the products or services provided at those websites or by the organisations promoting those websites. If you choose to use the links to access third party websites, you do so at your own risk.

Linking to our Site

8. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with our content standards.
9. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10. Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.
11. We reserve the right to withdraw linking permission without notice.
12. If you wish to link to or make any use of content on our Site other than as set out above, please contact us.

We are not responsible for viruses

13. We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.
14. You are responsible for configuring your technology to access our Site. You should use your own antivirus software.

Intellectual property

15. Our registered and unregistered trade marks, including but not limited to ‘Only Sales’, ‘Only Boats’, ‘Only Cars’, Only Trucks’, ‘Only Trailers’, ‘Only Earthmoving’, ‘Only Ag’, ‘Only Vans’, ‘Only Vans, Only Results’, ‘Only Yellow Goods’, ‘Only Excavators’, ‘Only Used Equipment’, ‘Only Aviation’, ‘Only Bus’, ‘Only Digital’, ‘Only Sales Group’, ‘Only Sales Network’, ‘Only Truck Loans’, ‘Only Van Loans’, ‘Only Home Loans’, ‘Only Boat Loans’, ‘Only Results’, ‘Only Rewards’, ‘Only Trailers’, ‘Only Cranes’, ‘Only Insurance’, ‘Only Jetskis’, ‘Only PWC/s’, ‘Only EV Trucks’, ‘Only EV Finance’, ‘Only Marine’, ‘Only 4wds’, ‘Only Sales Data’, ‘Only Data’, ‘Only Car data’, ‘Only RV Data’, ‘Only Marine Data’, ‘Only Bike Data’, ‘Only Truck Data’, ‘Only Transport Data’, ‘Only Earthmoving Data’, ‘Only Forklifts’, ‘Only Farm’, ‘Only Vans Group’, ‘Only Vans Classifieds’, ‘Only Vans Online’, ‘Only Car Jobs’, ‘Only Sales Jobs’, ‘Only Vans Qld’, ‘Only Vans NSW’, ‘Only Vans WA’, ‘Only Plates’, ‘Drive Notes’, ‘Only Sales Media’, ‘Only Valuations’, ‘Only Caravan News’, ‘Trailerboat’, ‘Trade RV's’, ‘Tradeaboat’, ‘Truck Chat’, ‘Only Media’, ‘Only Media Group’ and ‘Only News’ are owned by us or our associates. We may display other registered or unregistered trade marks on our Site from time to time, including the trade marks of third parties.
16. You acknowledge and agree that the statutory and other proprietary rights in respect of patents, designs, copyright, trade marks, trade secrets, processes, formulae, systems, drawings, data, specifications and documents displayed or referred to on the our Site are owned by us or, in some cases, third parties.
17. 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 Site except with our prior written consent, or the consent of the relevant owner if applicable. If you do so, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this Site

18. This Site 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 Site.
19. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

We are not responsible for material posted to our Site

20. While we take care to make sure the information contained on our Site is accurate, we do not warrant, represent, authorise or endorse that any information published on our Site by us or any user is accurate or reliable.
21. It is your responsibility to assess the accuracy of any information contained on our Site and your reliance on this information is at your own risk.
22. We do not warrant or represent that any goods or services advertised on our Site are of merchantable quality, fit for purpose, safe for purpose or accurately described, including but not limited to, any assertions about the condition, roadworthiness or title of vehicles.
23. Though we provide content standards and other instructions for material posted to our Site, we do not warrant that any of the goods or services on our Site will appear according to our instructions.
24. For all goods and services offered or advertised on our Site, you acknowledge that:
1. it is your responsibility to conduct searches and enquiries in relation to those goods and services, including whether the description of any vehicle is accurate and whether the vehicle has been written off or is subject to a security interest;
2. the listed price may not include applicable government or statutory charges;
3. any listed finance repayments are an estimate only;
4. we are not an agent or broker for any parties using our Site and we do not provide any warranty in relation to any of the goods and services on our Site; and
5. we are not responsible for any transactions or disputes between you and any other user of the Site.

User-generated content

25. This Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
26. This Site may contain vehicle descriptions, seller profiles, enquiry forms, web pages or profiles and other interactive features that allow users to post, submit, publish, display, message or transmit to other users or other persons (post) content or materials (collectively, User Contributions) on or through the Site.
27. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their respective licensees, successors and assigns a non-exclusive, royalty-free, perpetual licence to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You waive any moral rights in your User Contribution with respect to its publication on the Site and consent to the use of your User Contribution by us or any of our successors or assigns for any purpose.
28. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
29. You are solely responsible for securing and backing up your content.
30. Any User Contribution may be collected and stored by us. We may, in our sole discretion, review any User Contribution to ensure it complies with these terms, however you should not consider that any User Contribution has been reviewed or approved by us.
31. All User Contributions must comply with the content standards set out in these terms. We have the right to remove any posting you make to our Site if, in our opinion, your post does not comply with the content standards set out in these terms.
32. You represent and warrant that:
1. you own or control all rights in and to your User Contributions and have the right to grant the licence granted above to us and our affiliates and service providers, and each of their respective licensees, successors and assigns;
2. all of your User Contributions do and will comply with these terms;
3. you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness; and
4. we are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
33. We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion, including but not limited to where your User Contribution breaches the content standards referred to in these terms. If you wish to complain about any User Contributions, please contact us.

Content standards

34. The content standards in this clause apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:
1. contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, sexual or pornographic or otherwise objectionable;
2. contain discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other protected attribute under Australian discrimination law;
3. infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
4. violate the legal rights (including the rights of privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and our privacy policy;
5. be knowingly incorrect or likely to mislead or deceive any person;
6. promote any illegal activity, or advocate, promote or assist any unlawful act;
7. cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
8. impersonate or attempt to impersonate or misrepresent your identity or affiliation with any person, including us, our employees, another user or any other person or entity, (including, without limitation, by using email addresses associated with any of the foregoing);
9. involve contests, sweepstakes and other sales promotions, barter or advertising;
10. transmit, or procures the sending of, any advertising or promotional material without our prior written consent, including any junk mail, chain letter or spam or any other similar solicitation; or
11. give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
35. Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards in this clause.
36. You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Prohibited uses

37. You may use the Site only for lawful purposes and in accordance with these terms. You agree not to or authorise, abet, aid, encourage or incite any other person to:
1. send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these terms;
2. engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
3. use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
4. use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
5. use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
6. use any automatic or manual process to reverse engineer or decompile any part of the Site;
7. use any device, software or routine that interferes with the proper working of the Site;
8. introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
9. attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
10. attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
11. otherwise attempt to interfere with the proper working of the Site.
38. We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Disclaimer and limitation of liability

39. Your use of the Site is entirely at your own risk.
40. 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 Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site 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.
41. Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
42. 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 Site, including, but not limited to your User Contributions, your use of any information obtained from the Site and any use of the Site's content, services and products other than as expressly authorised in these terms.

Other terms and conditions

43. Additional terms and conditions may also apply to specific portions, services or features of the Site, including our privacy policy. All such additional terms and conditions are incorporated by this reference into these terms.

Default

44. If you breach these terms and conditions, we may:
1. immediately terminate your right to access and use the Site at any time; and
2. take whatever action we consider appropriate to recover any direct, indirect or consequential loss, damage or expenses that we have incurred or suffered as a result of your breach.

General

45. These terms and conditions are governed by the laws in force in Queensland, Australia. By using our Site you agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.
46. These terms and conditions constitute the entire agreement between you and us. Any prior arrangements, agreements, representations or undertakings are superseded
47. Any failure by us to enforce any of these terms and conditions or any forbearance, delay or indulgence granted by us to you will not be construed as a waiver of our rights under these terms and conditions.
48. We may assign or subcontract these terms and conditions and any of our rights and obligations under these terms and conditions to a third party. You may not assign your rights or obligations under these terms and conditions except with our prior written consent.
49. If any of these terms and conditions (or part of them) is held to be invalid or unenforceable, these terms and conditions 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 deleted to the minimum extent necessary for these terms and conditions to be valid and enforceable.