Welcome to Used DirtbikesTerms and Conditions
UsedDirtbikes.com.au is pleased to provide you with access to individuals and companies who sell or otherwise deal with motorcycles and related products & services. These individuals and companies may or may not be owned or operated by UsedDirtbikes.com.au
By accessing or using the UsedDirtbikes Website you agree to be bound by these terms and conditions of use as amended from time to time.
About the UsedDirtbikes Website
UsedDirtbikes publishes or makes available on the UsedDirtbikes Website information, advertisements, product and service offers, vehicle data, valuations, Software and links supplied by UsedDirtbikes and third parties (Material). UsedDirtbikes does not warrant, represent, authorize or endorse the reliability, accuracy or completeness of any such Material published on the UsedDirtbikes Website or on any web site that links from the UsedDirtbikes Website.
UsedDirtbikes does not and cannot provide any warranty in relation to any goods or services advertised for sale on the UsedDirtbikes Website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
Acceptable Use
Use of the UsedDirtbikes website is limited to advertising and purchasing motorcycle’s and related products and services. You must not:
 modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
use or attempt to use any Material published on UsedDirtbikes to create any web site or publication;
mirror or frame any web site or page within the UsedDirtbikes Website;
use any automated process of any sort to query, access or copy any Material on the UsedDirtbikes Website or generate or compile any document or database based on the Material published on the UsedDirtbikes Website; or
transfer or sell any information, functionality or products or services offered on the UsedDirtbikes Website;
without the written approval of UsedDirtbikes.
UsedDirtbikes may terminate your right to access and use the UsedDirtbikes Website at any time.
You are Responsible for the use of the UsedDirtbikes Website
Whilst UsedDirtbikes takes care to ensure that the Material on the UsedDirtbikes Website is correct, current and free from errors, UsedDirtbikes does not warrant the accuracy or completeness of or the representations made by the Material on the UsedDirtbikes Website or any web site that links from the UsedDirtbikes Website or any information received as a result of using the UsedDirtbikes Website.
The services and Material made available on the UsedDirtbikes Website are provided as general information only. UsedDirtbikes does not warrant that the services and Material are professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or dont do anything; and may not be continually accessible or free from errors or viruses.
If UsedDirtbikes suffers any loss or damage or incurs any cost in connection with a breach by you of these terms and conditions you agree to indemnify UsedDirtbikes for all such loss and damage.
Goods and Services Provided By UsedDirtbikes
If UsedDirtbikes offers goods or services to you, including advertising any item for sale on the UsedDirtbikes Website, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
Goods and Services Provided By Third Parties
If goods and services are offered on or through the UsedDirtbikes Website by third parties (sellers):
vehicle prices may not include government and statutory charges;
You are responsible for all relevant searches including, any written off vehicle register or register of security interests;
UsedDirtbikes does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
UsedDirtbikes will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.
UsedDirtbikes may augment information supplied by sellers. Whilst UsedDirtbikes requests sellers check this information, it may be possible for information to be inaccurate. UsedDirtbikes strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.
UsedDirtbikes Responsibility to You is Limited
UsedDirtbikes will only be liable to You:
where the law implies a term into these terms and conditions which cannot be excluded and UsedDirtbikes breaches that term. Provided that, where the breach relates to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption and where it is fair and reasonable to do so UsedDirtbikes liability is limited, at its option, to replacing, repairing or re-supplying the relevant goods or supplying the relevant services; or
if the claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by UsedDirtbikes.
Other than as set out above UsedDirtbikes, will not be liable to You:
for claims arising out of or in connection with your access and use of the UsedDirtbikes Website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and
for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
For the purposes of this section, the term UsedDirtbikes will mean UsedDirtbikes, its officers, employees, contractors and agents, whether individually or collectively.
Copyright, Trademarks and Licence
Material on the UsedDirtbikes Website is © UsedDirtbikes.com.au Limited 2007. All rights reserved. Unless otherwise indicated on the UsedDirtbikes Website, the material on the UsedDirtbikes Website is owned by or licensed to Wiredplanet and is subject to copyright (the "Copyright Material"). You may:
only copy or reproduce the Copyright Material for the purpose of browsing the UsedDirtbikes Website or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
not alter or modify the Copyright Material or remove any legal notice associated with it.
UsedDirtbikes.com.au and other names of UsedDirtbikes product and/or services referenced herein are trademarks or registered trademarks of UsedDirtbikes.com.au. Other product and company names mentioned on the UsedDirtbikes Website may be the trademarks of their respective owners.
In consideration of UsedDirtbikes allowing you to access and use the UsedDirtbikes Website you grant to UsedDirtbikes a non exclusive, payment free, perpetual, irrevocable license to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-license the same for such purposes as UsedDirtbikes determines from time to time (subject to the UsedDirtbikes Privacy Policy).
Communications Services
UsedDirtbikes may provide you with the ability to communicate with UsedDirtbikes, the UsedDirtbikes Website, Sellers, advertisers and users of the UsedDirtbikes Website through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums and other forms of electronic messaging (Communications Services).
You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services should not be considered reviewed, screened, or approved by UsedDirtbikes.
Use of the Communications Services is provided on condition that you do not do any of the following:
transmit any information or material which is knowingly incorrect, misleading or deceptive;
transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
use the Communications Services for any unlawful purpose;
Post or upload files that contain software or other material or information in breach of any persons intellectual property or privacy rights.
upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another&undefined;s computer;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by UsedDirtbikes.
download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
UsedDirtbikes may, but has no obligation to do so, review the use of the Communications Services by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.
Software Services
Any software, including HTML code and ActiveX controls, that is made available to download from the UsedDirtbikes Website ("Software") is owned by UsedDirtbikes 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 must agree to the terms of the License Agreement before using the Software.
If there is no License Agreement, UsedDirtbikes grants you a personal, non-transferable license to use the Software for viewing and otherwise using the UsedDirtbikes Website in accordance with these terms and conditions, and for no other purpose. You must:
not copy, reproduce, translate, adapt, vary or modify in whole or in part.
not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
not introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
not sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
UsedDirtbikes and Your Privacy
To read how UsedDirtbikes collects, uses and discloses your personal information click here.
Sellers
To read UsedDirtbikes Seller Terms and Conditions click here.
email a friend
Where UsedDirtbikes allows you to email a friend:
you warrant that that the person to whom the email is addressed has consented to the email being sent; and indemnify UsedDirtbikes, its servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.
What Law governs these Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
UsedDirtbikes May Change These Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
UsedDirtbikes may cease to provide you with access to the UsedDirtbikes Website or any of its services without notice.
All rights not expressly granted are reserved.
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