Terms & Conditions
TERMS & CONDITIONS
FastAutoSales Pty Ltd
The following represents an agreement between::
Private advertiser and/or a business/business/company/private advertiser in Australia.
AND:
FastAutoSales Pty Ltd, operating via www.fastautosales.com.au
RECITALS:
A. The business/business/company/private advertiser/private advertiser wishes to utilise FastAutoSales Pty Ltd from time to time for the purpose of booking advertising space in various media.
B. FastAutoSales Pty Ltd is an independent supplier of advertising space, and has agreed to book advertising space in www.fastautosales.com.au, an internet web site (‘media’) as requested by the business/company/private advertiser from time to time on the Terms and Conditions of this agreement.
C. FastAutoSales Pty Ltd provides www.fastautosales.com.au to help the sale of the advertisers (sellers) vehicles. We are not responsible, warranty or are liable in any way for the content, encumbrances, condition, fitness for purpose, appearance, drivability, ownership, accuracy and any information relating to or specified within the advertisements/vehicles placed on the site, or the appropriateness, quality of the items/vehicles you may or may not have intent to purchase. You consequently acknowledge that any reliance you make on any materials/vehicles on this site shall be entirely at your own risk.
THE PARTIES AGREE:
Booking
1. FastAutoSales Pty Ltd shall book advertising space (‘space’) in the media as requested by the business/company/private advertiser from time to time for the publication or broadcasting, as the case may be, of advertisements as prepared by the business/company/private advertiser.
Costs and fees
2. (1) The Business/company/private advertiser shall, on demand, reimburse FastAutoSales Pty Ltd for fees or any other amounts charged by FastAutoSales Pty Ltd.
(2) The business/company/private advertiser shall pay to FastAutoSales Pty Ltd a flat fee of $45.00 AUD for a Video Advertisement , $19.00 AUD for a Photo Advertisement or $250.00 AUD for a banner ad (banner ad are charged per month) for booking the space (‘service fees’). These prices may change from time to time.
(3) FastAutoSales Pty Ltd may at some point in the future and in a timely manner and in accordance with clause 3 render invoices to the business/company/private advertiser for its service fees via automated email.
(4) The service fees are depending on the type of advertisement the business/company/private advertiser selects.
(5) All pricing quoted is in Australian Dollars ($AUD) unless otherwise stated and is inclusive of Goods and Services Tax (GST).
Variations to Fees and services
FastAutoSales Pty Ltd does not charge for viewing advertisements on our site. FastAutoSales Pty Ltd does charge for the listing of vehicles on our website and also charges for the placement of “Banner” type advertisements. The charges for these services are available once you open an account with FastAutoSales Pty Ltd.
FastAutoSales Pty Ltd reviews these charges from time to time and reserves the right in its absoulte discretion to modify these charges and any terms and conditions at any time. In subsequently utilising our site following these modifications being made, you agree to be bound by such changes. We recommend that you regularly check our Terms and Conditions, Disclaimer of Warranty and Privacy Policy.
3. (1) FastAutoSales Pty Ltd shall charge the business/company/private advertiser when the business/company/private advertiser purchased via credit card or upon renewal during which FastAutoSales Pty Ltd books space in respect of any and all advertisements published in the media/website during that month the business/company/private advertiser shall pay all invoices in full submitted by FastAutoSales Pty Ltd within fourteen (14) days the invoice was submitted if credit card function fails.
(2) In all cases, FastAutoSales Pty Ltd shall duly credit to the business/company/private advertiser all discounts and/or credits for any and all special arrangements obtained by FastAutoSales Pty Ltd in connection with booking the space.
Indemnity
4. The business/company/private advertiser shall indemnify and hold FastAutoSales Pty Ltd harmless from and against any and all claims, demands, regulatory proceedings and/or causes of action, and all damages, liabilities, costs (including without limitation settlement costs) or expenses (including, without limitation, legal fees) arising from:
(1) Any breach by the business/company/private advertiser of any of the undertakings, terms or conditions of this agreement.
(2) Any alleged:
(a) libel, slander, defamation, product disparagement or indecent, false, misleading or deceptive conduct;
(b) infringement of trade mark, copyright, title, slogan, trade indicia or other proprietary rights;
(c) piracy, counterfeiting, plagiarism, unfair competition or idea misappropriation;
(d) invasion of any right of privacy; which is in any way connected with any and all advertisements placed in the space;
(e) infringement of moral rights.
(3) Notwithstanding clause 4(1), the business/company/private advertiser agrees to indemnify and hold FastAutoSales Pty Ltd harmless from and against any and all claims, demands, regulatory proceedings and/or causes of action, and all damages, liabilities, costs (including without limitation settlement costs) or associated expenses (including without limitation legal fees) directly arising from any information or material supplied by the business/company/private advertiser or from the use or consumption of the business/company/private advertiser’s products or from any act or thing done on the business/company/private advertiser’s specific instructions or with the business/company/private advertiser’s specific approval.
(4) The indemnities contemplated by clauses 4 of this agreement shall survive the termination or expiration of this agreement.
(5) The publication or broadcasting of any advertisements placed in the space by FastAutoSales Pty Ltd pursuant to this agreement.
(6) No agency, partnership, joint venture, franchisor-franchisee, employee-employer or any other similar relationship is intended to be or is formed as part of this Agreement. In no way will you have authority to bind FastAutoSales or any of its’ related entities or affiliations.
Guarantee
5. (1) The guarantors jointly and severally unconditionally guarantee to FastAutoSales Pty Ltd the payments, when demanded from the guarantors or any one or more of the guarantors of every sum of money whatsoever that may become payable by the business/company/private advertiser to the accredited agency under or in accordance with or in consequence of the agreement.
(2) As a separate and severable covenant the guarantors jointly and severally agree that where the business/company/private advertiser fails to observe or perform any of the covenants or provisions contained in the agreement, the guarantors shall jointly and severally indemnify and keep indemnified the accredited agency from and against all claims, demands, regulatory proceedings and/or causes of actions and all damages, liabilities, costs (including without limitation legal fees) arising out of or in consequence of any such failure.
(3) The guarantors jointly and severally declare:
1. That the guarantees and indemnities contained in clauses 5(1) and 5(2) are continuing guarantees and indemnities and shall remain in full force and effect respectively for as long as any moneys may become payable by the business/company/private advertiser to the accredited agency under or in accordance with or by virtue of or in consequence of the agreement. The guarantees and indemnities contained in clauses 5(1) and 5(2) shall not in any way be determined, discharged, impaired or released by any of the following:
(i) any variation, whether with or without the consent or knowledge of the guarantors or any one or more of the guarantors, of any of the covenants or provisions of the agreement; or
(ii) any waiver of any breach of any of the obligations of the business/company/private advertiser contained in the agreement; or
(iii) the granting by FastAutoSales Pty Ltd of any time or any forbearance or other concession or indulgence to the business/company/private advertiser in respect of any obligation on the business/company/private advertiser’s part under the agreement; or
(iv) the winding up or dissolution of the business/company/private advertiser; or
(v) the death or the sequestration in bankruptcy of the estate of any one or more of the guarantors; or
(vi) the unenforceability in whole or in part of the guarantees and indemnities contained in this agreement against any one or more of the guarantors; or
(vii) the fact that this agreement is not duly executed by the business/company/private advertiser or any one or more of the guarantors; or
(viii) the giving to the business/company/private advertiser of any notice of termination of the agreement; or
(ix) any alteration in any way whatsoever of any obligation undertaken by the business/company/private advertiser, including without limiting the generality of the foregoing, the obtaining by FastAutoSales Pty Ltd of any judgment against the business/company/private advertiser; or
(x) any arrangement made between FastAutoSales Pty Ltd and the business/company/private advertiser with or without the consent of any one or more of the guarantors; or
(xi) Any other fact, circumstance or thing whatsoever which but for this provision might determine, discharge, impair or release any of the guarantees or indemnities.
(4) The guarantors may obtain for themselves, at their own cost, their own information on all matters affecting the agreement or the fulfilment or breach by the business/company/private advertiser or any of any obligations.
(5) FastAutoSales Pty Ltd is not under any obligation to the guarantors to communicate at any time before or after this agreement is entered into to the guarantors any of the matters referred to in para 5(3)(a) of clause 5(3) or any facts relating to such matters (whether within the knowledge of FastAutoSales Pty Ltd its agents or employees or not) nor shall FastAutoSales Pty Ltd be deemed to have made or now or hereafter to make any representation to the guarantors in respect of any such matters or facts.
(6) The guarantees and indemnities contained in clauses 5(1) and 5(2) are principal obligations and are not ancillary or collateral to any other obligation however created or arising. These guarantees and indemnities are enforceable without FastAutoSales Pty Ltd having recourse against the business/company/private advertiser or otherwise, unless the same shall have been satisfied according to the terms of the agreement. The guarantees and indemnities in clauses 5(1) and 5(2) are enforceable notwithstanding that all or any of the obligations of the business/company/private advertiser are in whole or in part unenforceable whether by reason of any statute (including any statute of limitation) or for any other reason.
(7) Until FastAutoSales Pty Ltd has received all money payable to it by the business/company/private advertiser under or in accordance with or in consequence of the agreement, the guarantors may not on any grounds claim the benefit of any security now or hereafter held by FastAutoSales Pty Ltd for the payment of the money and in the event of the business/company/private advertiser being liquidated or made bankrupt or making any arrangement or composition in satisfaction of the business/company/private advertiser’s debts the guarantors may not prove or claim in the assets of the business/company/private advertiser in competition with FastAutoSales Pty Ltd so as to diminish any dividend or payment which but for such proof or claim FastAutoSales Pty Ltd would be entitled to receive out of such assets. The receipt of any dividend or payment which FastAutoSales Pty Ltd may receive out of the assets of the business/company/private advertiser shall not affect the right of FastAutoSales Pty Ltd to recover from the guarantors the full amount of the money guaranteed by this agreement.
(8) Where any payment to FastAutoSales Pty Ltd of any amount is avoided either in whole or part by operation of law or otherwise such payment shall be deemed not to have discharged the guarantors’ liability under the agreement and FastAutoSales Pty Ltd shall have the same remedies and rights against the guarantors and each of them as if the said payment had not been made.
NOTE: Most payments are taken upfront via a credit card facility.
Amendments
6. (1) The business/company/private advertiser may request FastAutoSales Pty Ltd to change, reject, cancel or stop any and all plans, schedules or work-in-progress and FastAutoSales Pty Ltd shall take all steps to comply PROVIDED THAT it can do so within its contractual obligations to any other third parties.
(2) In the event of any cancellation or amendment the business/company/private advertiser shall reimburse FastAutoSales Pty Ltd for any charges or expenses to which it is committed and also to pay the fees covering these items.
Business/Company/Private Advertiser Warranty
7. (1) The Business/company/private advertiser warrants that by submitting advertising material to FastAutoSales Pty Ltd or authorising or approving the publication of advertising material by FastAutoSales Pty Ltd on the business/company/private advertiser’s behalf, the said advertising material complies with all relevant laws and regulations and that its
publication will not give rise to any claims or liabilities against FastAutoSales Pty Ltd, its directors, employees or agents.
(2) Without limiting clause 7(1), the Business/company/private advertiser warrants that the advertising material submitted, authorised or approved by you does not breach or infringe the following:
(i) the Trade Practices Act (Cth),
(ii) the Fair Trading Acts of relevant States of Australia or equivalent or other sale of goods legislation;
(iii) any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights;
(iv) any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
(v) State or Commonwealth anti-discrimination legislation;
(vi) the Privacy Act (Cth); or
(vii) Any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory).
(3) All advertising material is to be submitted electronically and must comply with the specifications of FastAutoSales Pty Ltd. FastAutoSales Pty Ltd reserves the right to reject the advertising material if it is not submitted in accordance with such specifications.
(4) The business/company/private advertiser warrants that it is its responsibility to arrange and manage re-directs with third party ad-servers and provides such third party with the creative and lead time requirements. FastAutoSales Pty Ltd shall not render compensation where campaigns are affected or delayed in any way by third party ad-server re-direct problems. FastAutoSales Pty Ltd reserves the right to remove any re-directs from its network which are delayed in serving advertisements.
(5) The business/company/private advertiser warrants to the business/company/private advertiser that it has obtained all necessary consents from the authors of all copyright works such as to allow the business/company/private advertiser to perform any act which would otherwise constitute an infringement of those authors’ moral rights in such copyright works.
Video & Photo Advertising Conduct
You acknowledge and agree that you shall be responsible for your own user submissions and all the consequences of posting, uploading, publishing, transmitting or other, making them available on www.fastautosales.com.au software containing viruses or any code(s) that are designed to destroy, limit functionallity, monitor or harm any computer system, software or hardware. You acknowledge and agree that you shall not (nor others that may use your account) make available, post, uploading, publishing, transmitting or other, content that is copyright, commercial – in – confidence, illegal, unlawful, harmful, obscene, threatening. Australian, local, state, national or international laws must not be voilated while uploading Video and, or Photos to www.fastautosales.com. au and must not be posted, uploaded, published, transmitted or other made available if they do not comply with the above.
Ownership of property
8. (1) Any and all advertising material and property including, without limitation ideas, designs, concepts, original compositions, artwork, finished advertisements, radio and television commercials and all trade marks, trade names, brand names, trade symbols, logos, slogans or other trade indicia purchased, prepared or developed in the performance of this agreement (collectively referred to as the “trade indicia”) shall be the absolute property of FastAutoSales Pty Ltd shall not use such property or material in any media without the prior written consent of the business/company/private advertiser PROVIDED THAT nothing in clause 8, shall prevent the use of such property and material by the business/company/private advertiser for the purpose of providing its services under this agreement subject to and in accordance with the terms and conditions of this agreement.
(2) No right is given to use the trade indicia except in connection with the promotion and advertising of the goods of the business/company/private advertiser in a form approved by FastAutoSales Pty Ltd without any change or modification by FastAutoSales Pty Ltd .
(3) Clauses 8(1) and 8(2) do not grant to the business/company/private advertiser any proprietary right or interest in the trade indicia and the business/company/private advertiser acknowledges the validity of the business/company/private advertiser’s title in and to the trade indicia.
(4) FastAutoSales Pty Ltd will promptly bring to the attention of the business/company/private advertiser any improper or wrongful use of any trade indicia of the business/company/private advertiser or of any other rights of the business/company/private advertiser which may come to its notice.
Confidentiality
9. (1) FastAutoSales Pty Ltd hereby undertakes:
1. to treat as confidential and not to disclose, duplicate, use or permit the use at any time in any way, other than for the purpose of providing its services under the contract, and then only in such a way as shall first have received the express prior written consent of the business/company/private advertiser, and shall protect fully the confidentiality of the information of any confidential or commercially sensitive information of which it may become aware for the purpose of providing its services under this agreement or otherwise (“information”) including, without limitation, information concerning or relating to the past, present or contemplated manufacturing process, marketing strategies, internal or external business operations or other information of the business/company/private advertiser or which may either directly or indirectly be relevant to the business/company/private advertiser’s and including also any compilations or otherwise public information in a form not in the public domain;
2. to limit the disclosure of the information within its own organisation to those of its officers and employees to whom such disclosure is strictly necessary for the purpose of providing its services under this agreement and to ensure that they are bound by obligations of secrecy in respect of the information equal and like to those contained in this agreement and to use its best endeavours to ensure that such officers and employees abide by such obligations of secrecy;
3. to accept full liability and to hold the business/company/private advertiser harmless against all wrongful use, duplication or disclosure of the information contrary to this agreement and to return to the business/company/private advertiser upon termination of this agreement all documents or material of any kind containing or alluding to the information, whether directly or indirectly, together with all copies of such material, whether prepared by the business/company/private advertiser or provided by the business/company/private advertiser which are then in its possession or under its control;
4. not to use the name of the business/company/private advertiser in publicity releases, advertising or promotion of the business/company/private advertiser’s services including client lists unless the business/company/private advertiser shall first have given its written consent which shall not be unreasonably withheld;
5. that all the obligations set out in the preceding sub-clauses of clause 9, will apply at all times both during and after the termination of this agreement.
Termination
10. (1) FastAutoSales Pty Ltd may terminate the agreement/advertisement in the event of a breach by the business/company/private advertiser of this agreement which is not rectified by the business/company/private advertiser or in the event the business/company/private advertiser attempts to assign any of its rights or obligations hereunder (other than any delegation of its obligations to recognised suppliers producing work under the supervision of the business/company/private advertiser) or in the event the business/company/private advertiser merges with or is acquired by another agency or in the event the business/company/private advertiser becomes insolvent or any insolvency proceedings are instituted by or against it.
(2) The rights, duties and responsibilities of FastAutoSales Pty Ltd and the business/company/private advertiser will continue in full force.
(3) Upon termination of this agreement/advertisement, the business/company/private advertiser will transfer to the FastAutoSales Pty Ltd, all property and materials in its possession or control paid for by the business/company/private advertiser and all contracts and reservations for time, space, talent and other advertising adjuncts entered into by the business/company/private advertiser for the business/company/private advertiser.
(4) The business/company/private advertiser will indemnify and hold harmless FastAutoSales Pty Ltd on all incompleted contracts, reservations and non-cancellable commitments entered into by FastAutoSales Pty Ltd on behalf of the business/company/private advertiser.
(5) Any uncancellable contract made on the instructions of the business/company/private advertiser and still existing at the expiration of the notice of termination shall be carried to completion by FastAutoSales Pty Ltd and paid in accordance with the provisions set out in this agreement.
(6) Subject to the provisions of this agreement the rights, duties and responsibilities of FastAutoSales Pty Ltd shall cease from the date of expiration of notice of termination and where the closing dates of the ordering and billing of advertising in media falls after the date of receipt of such notice the business/company/private advertiser shall not effect such ordering and billing except when required to do so under clause 10.
Advertising Refund Policy
11. Selling your car(s) on www.fastautosales.com.au offers excellent value through our high quality, easy to use advertising medium. Our aim is to provide you with the opportunity to promote your vehicle for sale to a wide potential customer base to help you achieve your sale price. FastAutoSales Pty Ltd cannot therefore generally offer refunds on your advertising fees.
FastAutoSales adheres to the following policy with respect to requests for refunds of listing fees:
(1) We will not provide any refund, for any reason, if FastAutoSales Pty Ltd receives the request for refund more than 48 hours after an advertisement has been placed. If you contact us after 48 hours, we will not be in a position to provide a refund.
(2) If you contact us within 48 hours of ordering your advertisement, FastAutoSales Pty Ltd will provide a refund only for the following reason:
You accidentally placed and paid for duplicate advertisements on our website or duplicated your payment. We will then arrange a refund for the duplicate(s) only. We will not, however, provide a refund on the original advertisement.
(3) We will not provide a refund if you simply change your mind about selling your vehicle, the contents of your advertisement or if you receive no enquiries about your vehicle.
(4) If you made mistakes in submitting an advertisement to us, you may modify your listing by accessing the “My Account” button on the website. Enter your logon details and then make the appropriate changes to your advertisement.
(5) If you originally select a “Video Advertisement” and then change your mind to list as a lower cost “Photo Advertisement”, we will not refund the difference between the two. The higher cost advertisement charges will remain.
Notices
12. All notices to be served pursuant to the terms of the agreement may be served via email address of the other party contained in this agreement. Notice shall be deemed to have been given on the date of posting of the notice.
Governing law
13. The agreement shall be governed by and construed in accordance with the laws for the time being in force in the Australia.
Severability
14. If any part of this agreement is found to be invalid or of no force or effect under any applicable laws, executive order or regulations of any government authority having jurisdiction, this agreement shall be construed as though such part had not been inserted herein and the remainder of this agreement shall retain its full force and effect.
Miscellaneous
15. FastAutoSales Pty Ltd:
1. Reserves the right to change the structure of the media from time to time at FastAutoSales Pty Ltd’s discretion;
2. Placement of the Business/company/private advertiser’s advertisement is at the discretion of FastAutoSales Pty Ltd and may be changed subject to notice to the business/company/private advertiser.
3. Reserves the right to remove the logo/video/text/ad immediately of the business/company/private advertiser if it deemed inappropriate by FastAutoSales Pty Ltd;
4. The business/company/private advertiser understands that any unpaid amounts after the due date/credit card function error may result in the business/company/private advertiser’s logo/video/text/ad being suspended the FastAutoSales Pty Ltd website until such outstanding amounts are attended to.
5. In the event of reinstatement FastAutoSales Pty Ltd has the absolute discretion to the positioning of the business/company/private advertiser’s logo/video/text/ad.
GST
16. If GST is payable on any supply under this agreement, the fee payable for the supply will be considered inclusive of GST. Unless FastAutoSales Pty Ltd otherwise advises the party receiving the supply undertakes to pay the supplying party the amount of such GST for that supply of the time the fee is payable in accordance with the relevant GST legislation.
Copyright Clause
17. The material on this site is protected by Copyright. Apart from any use permitted under the Copyright Act 1968, you are not authorised to copy, frame, replicate, modify, transmit or distribute the material at this site with out the written consent of the Copyright owner.
COMPANY DETAILS
Please feel free to contact us at:
FastAutoSales Pty Ltd
PO BOX 3212
UNLEY SA 5061
ACN: 129 763 033
Telephone: 0423 179 237
Email: contact@fastautosales.com.au
