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Policies

Terms and Conditions

1. Introduction

1.1 These Terms and Conditions shall govern your use of our website, parthunter.com.au

1.2 By using parthunter.com.au you accept these Terms and Conditions. If you disagree with any of these Terms and Conditions then you must not use the site.

1.3 By making an account or submitting content to Part Hunter, you accept these Terms and Conditions.

1.4 This site, parthunter.com.au uses cookies. Using this site you agree and consent to the use of cookies in accordance with our Cookie and Privacy Policies.

1.5 The services are provided by the company “Part Hunter”

 

2. General

2.1 The stated Terms and Conditions are enforced from 1st April 2018.

2.2 Terms and Conditions of Part Hunter are governed by the laws of New South Wales

2.3 Part Hunter submits cases to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these Terms and Conditions, the remaining terms will survive and stay valid.

2.4 The Terms and Conditions of Part Hunter can be changed at anytime. Updates take effect when you next use the site or after 30 days of the publication of the new Terms and Conditions. No other change to this agreement will be effective unless made in writing, signed by you and by us.

2.5 Discretion of these Terms of Conditions can be sent to help@parthunter.com.au

 

3. Access and Licence to Use Part Hunter

3.1 You may:

a. View pages from our site in a web browser

b. Download pages from our website for caching in a web browse.

c. Print pages from our website.

d. Share active user advertisements from our website

3.2 You may only use parthunter.com.au for your own personal or business purposes, and you must not use our website for any other purposes.

3.3 Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on our website.

3.4 Unless you control the relevant rights in the material, you must not:

a. Republish material from parthunter.com.au (including republication on another website)

b. Sell, rent or sub-license material from our website

c. Exploit material from our website for a commercial purpose; or

d. Redistribute material from our website

3.5 Notwithstanding Section 3.4, you may redistribute our newsletter, or your posted classified advertisements in print or electronic form to any person.

3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

4. User Accounts

4.1 To have access to the services on Part Hunter, you may have to register an account on parthunter.com.au

4.2 To be eligible for an account you must be a resident of Australia

4.3 To use the services of Part Hunter you must be 18 years or over

4.4 You must not allow any other person to use your account to access parthunter.com.au

4.5 You must notify Part Hunter immediately if you become aware of any unauthorised use of your account

4.6 You must not use any other person’s account to access parthunter.com.au

4.7 Registration of your name must be true and not be misleading

4.8 You must keep your password confidential

4.9 You are responsible for the protection of your password and any activity of your account on Part Hunter. You are responsible for any activity on the site arising out of failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

5. Third Party Log-In

5.1 You may connect your Part Hunter account log-in to third-party services and you give us permission to access store and use your information from that service as permitted by that service and as may be described in our Privacy Policy

 

6. Cancellation or Suspension of Account

6.1 We may:

a. Edit your account details

b. Temporarily suspend your account; and/or

c. Cancel your account

6.2 At any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached the Part Hunter Terms and Conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you notice of any cancellation under this Section 6.1.

6.3 You may cancel your account on our website through the account page of Part Hunter. You will not be entitled to any refund if you cancelled your account in your own power and in accordance with this Section 6.3.

 

7. Acceptable Use of the Part Hunter Platform

7.1 Must not:

a. Violate the Terms and Conditions or the Part Hunter “Banned Listings”;

b. Post offensive, racist, sexist or discriminatory posts on the Part Hunter blog and forum;

c. Use parthunter.com.au in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

d. Use the Part Hunter site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, key stroke logger, root kit or other malicious computer software; which may harm Part Hunter or the users.

e. Infringe any third-party right;

f. Distribute or send communications that contain spam, chain letters, or pyramid schemes;

g. Copy, modify, or distribute any other person’s content without their consent;

h. Conduct any systematic or automated data collection activities , (including with limitation scraping, data mining, data extraction and data harvesting) on or in relation to Part Hunter without our written consent;

i. Access or otherwise interact with Part Hunter using any robot, spider or other automated means (except for the purpose of search engine indexing) or;

j. Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

7.2 You must ensure that all the information you supply to us through our website, or in relation to our website is, true, accurate, current, complete and non-misleading.

 

8. Fees

8.1 Most services of Part Hunter are free. We may sometimes charge a fee for certain privileges or features

8.2 The fees in respect to the Part Hunter site will be set out on the website from time to time

8.3 All amounts stated in these Terms and Conditions are exclusive of GST.

8.4 Our fees and subscriptions are quoted in Australian dollars.

8.5 To use the premium features or have additional privileges, you must pay the fees to Part Hunter in advance, in cleared funds, in accordance with the instructions on the website.

8.6 Part Hunter will notify you of changes to the fees by posting the changes on parthunter.com.au. Part Hunter may sometimes temporarily change our fees for, promotional events or new features, these changes take effect from the time the price change is posted to the site.

8.7 If fees are not payed on time, then Part Hunter has the right to limit access of the user to certain features and privileges on the site.

8.8 Part Hunter collects a 5% commission (excluding Stripe fees) on all online payments made on the site using the Stripe service.

8.9 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

8.10 If your payment method fails or your account is past due, Part Hunter has the right to collect fees owed using collection mechanisms, including third party debt collection services. Australian taxes associated with our platform will be collected where applicable.

8.11 Users of Part Hunter are solely responsible for their applicable taxes obtained from the use of the Part Hunter site from sales or services listed by the user.

 

9. Classified Advertisements

9.1 Part Hunter welcomes the submissions of classified advertisements on the site.

9.2 You may submit a classified advertisement following the “Post an Ad” process on parthunter.com.au.

9.3. You will have the opportunity to identify and correct input errors both prior and after the ad is posted. It is your responsibility that the information provided on the classified advertisement is truthful and correct before posting

9.4 Classified advertisements submitted to the Part Hunter platform must constitute bona fide content relating to automotive parts, automotive services and/or automotive projects.

9.5 Classified advertisements must be listed in the appropriate category or categories available on parthunter.com.au

9.6 Advertisements submitted to the Part Hunter platform must not be for any product, service or other subject matter that:

a. Breaches any laws, regulations or codes;

b. Breach the Part Hunter “Banned Listings” policy list.

c. Infringes any third party intellectual property rights or other legal rights; or

d. May give rise to a cause of action against any person. In each case in any jurisdiction and under applicable law.

9.7 Advertisements submitted to our site must not be for any product, service or other subject matter that relates to the Part Hunter “Banned Listings” policy list”.

9.8 Your classified advertisements submitted on the Part Hunter platform must comply with the requirements from Section 7 and Section 9.

9.9 You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services.

9.10 You grant Part Hunter a worldwide, non-exclusive, royalty-free licence to publish your advertisements on our website, and to copy, alter and store your advertisements in connection with their publication on our website, together with the right to sub-license these rights

9.11 You must keep your classifieds advertisements up to date using the Part Hunter website interface and must delete or unpublish any advertisements that have ceased to be relevant to our users.

9.12 Without prejudice to our other rights under these Terms and Conditions, we reserve the rights to reject, unpublish, or delete advertisements that breach these Terms and Conditions or that do not meet any additional guidelines for submissions published to the Part Hunter Platform. If we reject, unpublish or delete an advertisement in accordance with this Section 10.11, we will not refund any applicable listing fees.

9.13 Your successfully submitted classified advertisement will remain on the Part Hunter platform for a period of 14 days, subject to these Terms and conditions.

9.14 Part Hunter allows free publication of “regular” classified advertisements up to a limit of 20 per month.

9.15 Featured advertisements and blog contributions are subject to monthly fee subscriptions.

 

10. Use of PayPal Services

10.1 PayPal is optional on Part Hunter; it is the user’s choice to register for PayPal’s services.

10.2 You acknowledge and agree that by utilising PayPal, you are bound by the terms and conditions of PayPal and we are not liable for any loss, claims or damages howsoever arising in connection with that of PayPal’s services.

10.3 When you link your PayPal account to your account, Part Hunter accepts our appointment as your limited agent to provide to PayPal your name, address, payment amount, item details, item category, and all other information required by PayPal to enable PayPal to process payments to or from your PayPal account; and receive payment confirmation and decline notices from PayPal in respect of your PayPal payment transactions. Part Hunter’s appointment as your agent to undertake these activities terminates immediately upon your account ceasing to be linked to your PayPal account.

10.4 PayPal charges a fee for each purchase made using the PayPal gateway. You acknowledge and agree that by utilising PayPal, you become liable for the PayPal fees and a sale cannot be confirmed without paying the fee. The PayPal fees are stated in the PayPal terms and conditions and can change without notice on the PayPal platform. Part Hunter has no liability or control over the PayPal fee value.

10.5 If you have a dispute with PayPal, a buyer, or a seller, that does not arise directly as a result of an error by Part Hunter, in respect of any payment transacted (or failed to be transacted) on your PayPal account, you release Part Hunter and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

10.6 Part Hunter is not able to access your complete financial details from PayPal or your PayPal account. PayPal’s terms and conditions apply to your use of PayPal when you access PayPal’s services from our Services, and you must agree to PayPal’s terms and conditions in order to use the PayPal’s services

10.7 You acknowledge and agree that, to the extent permitted by law, Part Hunter are not liable to you for any loss or damage you incur arising from your use of the PayPal method, unless such loss or damage was as a direct result of error from Part Hunter, in which case our liability is limited in accordance with Section 14.

10.8 PayPal Buyer Protection does not apply to payments made through Part Hunter.  Violating of the terms will indemnify Part Hunter and its affiliates and respective officers, directors, agents and employees of all liability of direct, indirect, incidental, special, consequential or exemplary damages.

 

11. Use of Square Services

11.1 Part Hunter offers the payment gateway Square as an option to purchase packages. When you link your Square account to your account, you can use your Square account to pay with credit card on Part Hunter.

11.2 Square is optional on Part Hunter; it is the user’s choice to register for Squares’s services.

11.3 You acknowledge and agree that by utilising Square, you are bound by the terms and conditions of Square and we are not liable for any loss, claims or damages howsoever arising in connection with that of Squares’s services.

11.4 When you link your Square account to your account, Part Hunter accepts our appointment as your limited agent to provide to Square your name, address, payment amount, item details, item category, and all other information required by Square to enable Square to process payments to or from your Square account; and receive payment confirmation and decline notices from Square in respect of your Square payment transactions. Part Hunter’s appointment as your agent to undertake these activities terminates immediately upon your Account ceasing to be linked to your Square account.

11.5 Square charges a fee for each sale made using the Square gateway. You acknowledge and agree that by utilising Square, you become liable for the Square fee and a sale cannot be confirmed without paying the fee. The Square fees are stated in the Square terms and conditions and can change without notice on the Square platform. Part Hunter has no liability or control over the Square fee value.

11.6 If you have a dispute with Square, a buyer, or a seller, that does not arise directly as a result of an error by Part Hunter, in respect of any payment transacted (or failed to be transacted) on your Square account, you release Part Hunter and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

11.9 Part Hunter is not able to access your complete financial details from Square or your Square account. Square’s terms and conditions apply to your use of Square when you access Square’s services from our Services, and you must agree to Square’s terms and conditions in order to use the Square’s services

11.10 You acknowledge and agree that, to the extent permitted by law, Part Hunter are not liable to you for any loss or damage you incur arising from your use of the Square method, unless such loss or damage was as a direct result of error from Part Hunter, in which case our liability is limited in accordance with Section 14.

11.10 Violating Square terms will indemnify Part Hunter and its affiliates and respective officers, directors, agents and employees of all liability of direct, indirect, incidental, special, consequential or exemplary damages.

 

12. Use of Stripe Services

12.1 Part Hunter offers the payment gateway Stripe as an option on classified advertisements of users. When you link your Stripe account to your account, you can use your Stripe account to pay or be paid for items by buyers or sellers

12.2 Stripe is optional on Part Hunter; it is the user’s choice to register for Stripes’s services.

12.3 You acknowledge and agree that by utilising Stripe, you are bound by the terms and conditions of Stripe and we are not liable for any loss, claims or damages howsoever arising in connection with that of Stripe’s services.

12.4 When you link your Stripe account to your account, Part Hunter accepts our appointment as your limited agent to provide to Stripe your name, address, payment amount, item details, item category, and all other information required by Stripe to enable Stripe to process payments to or from your Stripe account; and receive payment confirmation and decline notices from Stripe in respect of your Stripe payment transactions. Part Hunter’s appointment as your agent to undertake these activities terminates immediately upon your Account ceasing to be linked to your Stripe account.

12.5 Part Hunter receives a 5% commission (excluding Stripe fees) from each sale using the Stripe gateway. You acknowledge and agree that by utilising Stripe, you become liable to pay the Part Hunter commission. The value of the sale is split once the sale is confirmed on Stripe, with the value of the sale split into the Part Hunter’s Stripe account, and the seller’s Stripe account. In the event a refund of a purchase is requested and you have not breached the Part Hunter Terms and Conditions, you will be entitled to a refund of any amounts paid to us in respect to the Part Hunter commission that was taken.

12.6 Stripe charges a fee for each sale made using the Stripe gateway. You acknowledge and agree that by utilising Stripe, you become liable for the Stripe fees and a sale cannot be confirmed without paying the fee. The Stripe fees are stated in the Stripe terms and conditions and can change without notice on the Stripe platform. Part Hunter has no liability or control over the Stripe fee value.

12.7 If you have a dispute with Stripe, a buyer, or a seller, that does not arise directly as a result of an error by Part Hunter, in respect of any payment transacted (or failed to be transacted) on your Stripe account, you release Part Hunter and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

12.8 Part Hunter is not able to access your complete financial details from Stripe or your Stripe account. Stripe’s terms and conditions apply to your use of Stripe when you access Stripe’s services from our Services, and you must agree to Stripe’s terms and conditions in order to use the Stripe’s services

12.9 You acknowledge and agree that, to the extent permitted by law, Part Hunter are not liable to you for any loss or damage you incur arising from your use of the Stripe method, unless such loss or damage was as a direct result of error from Part Hunter, in which case our liability is limited in accordance with Section 14.

12.10 Stripe Buyer Protection does not apply to payments made through Part Hunter. Before you pay, carefully inspect the item in person or confirm the service has been completed to your satisfaction. Make sure you are with the seller when you pay. Violating of this term will indemnify Part Hunter and its affiliates and respective officers, directors, agents and employees of all liability of direct, indirect, incidental, special, consequential or exemplary damages.

 

13. Financial and Legal Advice

13.1 Before buying, selling or trading on the Part Hunter platform, you acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs.

13.2 You acknowledge and agree that the information and/or advertising, terms, instructions or recommendations provided by Part Hunter in relation to using PayPal’s services is factual in nature only and Part Hunter has not provided a recommendation or statement of opinion intended to influence your decision on whether or not to use PayPal’s services on parthunter.com.au.

13.3 You acknowledge and agree that the information and/or advertising, terms, instructions or recommendations provided by Part Hunter in relation to using Stripe’s services is factual in nature only and Part Hunter has not provided a recommendation or statement of opinion intended to influence your decision on whether or not to use Stripe’s services on parthunter.com.au.

13.4 You acknowledge and agree that the information and/or advertising, terms, instructions or recommendations provided by Part Hunter in relation to using Square’s services is factual in nature only and Part Hunter has not provided a recommendation or statement of opinion intended to influence your decision on whether or not to use Square’s services on parthunter.com.au.

 

14. Limitation of Liability

14.1 Under no circumstances shall Part Hunter be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Part Hunter has been advised of the possibility of such damages), resulting from any aspect of your use of the Part Hunter site or the platform.

14.2 Nothing in these Terms of Use (including Section 14) excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law. To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.  

14.3 Part Hunter excludes any liability to you for any loss or damage suffered by you as a result of Part Hunter failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage were not reasonably foreseeable and was not directly caused by Part Hunter.

14.4 To the extent permitted by law, Part Hunter is not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

14.5 From inability to use Part Hunter, such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with Part Hunter or the service or any links on Part Hunter, as well as by reason of any information or advice received through or advertised in connection with the Part Hunter site or the service or any links on the Part Hunter site. These limitations shall apply to the fullest extent permitted by law.

14.6 Part Hunter cannot guarantee continuous or secure access to our platform and services. While the Part Hunter team will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our platform or that the platform will be uninterrupted or error-free.

14.7 Limitations of liability are not permitted in some jurisdictions. In such jurisdictions, some of the foregoing limitation may not apply to you.

 

15. Disclaimer or Warranties

15.1 You agree that use of the services at parthunter.com.au is entirely at your own risk.

15.2 The Part Hunter website and the service are provided on an “as is” or “as available” basis, without any warranties of any kind. All implied warranties, including, without limitation, the warranties of merchant ability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the maximum extent permitted by law.

15.3 To the maximum extent permitted by law, Part Hunter disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Part Hunter site and the service.

15.4 To the maximum extent permitted by law, Part Hunter disclaims any warranties for other services or goods received through or advertised on parthunter.com.au, or accessed through any links on parthunter.com.au.

15.5 To the maximum extent permitted by law, Part Hunter disclaims any warranties for viruses or other harmful components in connection with parthunter.com.au.

 

16. Indemnification

16.1 You will agree to indemnify and hold harmless Part Hunter, its affiliates and both respective officers, directors, agents and employees (each an “Indemnified Party”) of Part Hunter, from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation.

16.2 Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

16.3 Part Hunter reserves the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

 

17. Release

17.1 If you have a dispute with one or more Part Hunter users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.  

 

Privacy Policy

1. Cookies

Part Hunter may use cookies or other similar software to store information to help provide the best service while keeping you safe when you are using our site, services, tools, messaging, and applications.

The cookies or similar software are necessary for the smooth function when you are using our site, services, tools, messaging, and applications. It also improves the users experience by having better performance, functionality and keeping our recommendation ads relevant to the user using Part Hunter.

The cookies and similar software used will remain on your devices during the periods of use and after. You are able to disable or delete the cookies, but this could cause the site, services, tools, messaging, and applications to not function properly.

 

2. Third Parties

There are service providers (such as Google Ads) that we may use to handle some different operations and services of our site, which also may use cookies or other similar software. These service providers may place cookies on your device of use, and they may collect information to identify IP-address to serve you relevant ads during your use.

 

Last Edited 15th June 2018

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