1. INTRODUCTION:
1.1. These are the Terms and Conditions for the use of our Site, Applications and Services, which you may access in several ways, including but not limited to the URL www.classicregister.com. Regardless of how you have accessed Classic Register’s Site, Applications or Services, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, DO NOT USE Classic Register’s Site, Applications or Services.
2. DEFINITIONS:
2.1. The following words are defined for the purpose of interpreting these Terms and Conditions, and Classic Register’s associated Privacy Policy. Any words not defined are to be given their ordinary meaning.
“Applications” – means any software applications or program associated with providing Classic Register’s Services.
“Buyer” – means a user who intends to or does purchase a vehicle advertised through a Listing on Classic Register’s Site, Applications or Services.
“Classic Register’s Network” – means the electronic network infrastructure which Classic Register relies on to provide its Site, Applications and Services.
“Classic Register” – means Classic Register Pty. Ltd. (ACN 604 435 449), a company incorporated in the state of New South Wales, Australia and includes any of its officers, representatives, contractors, employees or agents (either individually or collectively), and includes reference to “us” or “our” in the relevant context.
“Communication Services” – means the infrastructure provided by Classic Register allowing communication between parties including but not limited to Classic Register, Users and advertisers.
“Listing” - means a vehicle advertisement as drafted by Classic Register on behalf of a Seller and published on Classic Register’s Site, Applications or Services.
“Parties / Party” – means Sellers, Buyers and other Users of the site, but specifically excludes Classic Register.
“Privacy Policy” – means Classic Register’s Privacy Policy made available through our Site, Applications or Services, including at the URL www.classicregister.com, or by clicking here.
“Product/s” – means any product provided by or associated with Classic Register, as made available from time to time.
“Seller” - means a person who has registered an account with Classic Register, and submitted a vehicle to Classic Register to be advertised for sale.
“Seller’s Fee” – means the fee payable to Classic Register (as determined and notified on the Site, Applications or Services from time to time) in exchange for the granting of a temporary licence to the Seller to use Classic Register, as well as for the assistance provided by Classic Register in drafting the vehicle Listing.
“Services” – means the suite of services provided by Classic Register on its Site, Applications or through any other means as varied from time to time.
“Site” – means the website currently located at the following URL: www.classicregister.com, and includes any associated pages contained within that website (or any officially linked social media pages where the content is under the control of Classic Register), but excludes links to external websites.
“Terms and Conditions” – means the terms and conditions contained within this policy named “Classic Register Terms and Conditions of Use”, made available through our Site, Applications or Services, including at the URL www.classicregister.com.
“User(s)” - means any person(s) who use(s) Classic Register’s Site, Applications or Services, including but not limited to Sellers, Buyers and includes references to “you” and “your” in the relevant context, but specifically excludes Classic Register.
“Vehicle Listing Setup Page” – means the page requesting details from a Seller that must be completed and submitted to allow Classic Register to draft a vehicle Listing.
“Vehicle Register” – means the online vehicle register which Users can contribute to on Classic Register’s Site, Applications or Services accessible in several ways, including but not limited to the URL www.classicregister.com/vehicle-register.
“Vehicle Information Guide(s)” – means the information guide(s) / page(s) which is/are published through Classic Register’s Site, Applications or Services, accessible in several ways, including but not limited to the URL www.classicregister.com/ guides.
3. GENERAL TERMS AND CONDITIONS OF USE
3.1. The Site, Applications and Services are for personal use only. Other than by using the information you have provided to Classic Register, you must not:
3.1.1. modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material;
3.1.2. use any material or attempt to use any material provided through the Site, Applications or Services to create a website, publication or searchable database;
3.1.3. mirror or frame any page on the Site or Application;
3.1.4. use any processes to access, query, scrape, retrieve, data mine or copy material on the Site, Applications or Services;
3.1.5. transfer or sell any information provided by Classic Register;
3.1.6. take any action that violates the Terms and Conditions of the Site, Applications or Services set out in these Terms and Conditions (as varied from time to time).
3.2. You confirm that you are over 18 years of age, and can in all respects be legally bound by a contract in the jurisdiction(s) you are operating from.
3.3. You agree that additional Products and Services may be made available to you. By using our Site, Applications or Services, you agree to receive communications from Classic Register about Products and Services, and you must agree to abide by any additional terms and conditions associated with those Products and Services if you use them.
3.4. You are responsible for the content you publish on Classic Register, and must take reasonable steps to verify the correctness of that content to ensure it is accurate.
3.5. You are responsible for making your own enquiries as to the accuracy of information provided on Classic Register’s Site, Applications or Services, and make this assessment at your own risk.
3.6. You agree that the information provided on Classic Register may not be primary source information, and has in no way been verified by professionals, experts or other advisers. You acknowledge that information on Classic Register therefore may not be suitable, appropriate or correct for your circumstances and should not be relied on in any way without making your own reasonable enquiries.
3.7. You agree that Classic Register is not responsible for incorrect or misleading information submitted on the Site, Applications or Services, and Classic Register makes no guarantees, warranties or representations with respect to the accuracy of any content, including but not limited to Listings, the online Vehicle Register and Vehicle Information Guides.
3.8. You agree that it is not reasonable for Classic Register to verify the identities of all Users, nor the accuracy of published content on Classic Register, and you agree that Classic Register is in no way liable, and is held harmless in the event of any loss caused due to any misleading information submitted to the Site, Applications or Services.
3.9. You agree to always keep your User information (such as username and password) secure and confidential and not provide these details to any third party under any circumstances. You represent to Classic Register that you accept all liability associated with or resulting from your failure to keep your details secure and for any unauthorised access to and use of your account on our Site, Applications or Services.
3.10. You agree that Classic Register has no ownership or title to any vehicle made available for sale or otherwise displayed on Classic Register’s Site, Applications or Services.
3.11. You agree that in such circumstances of software or hardware failure, Listings and other services will be placed on temporary hold until functionality is fully restored, as notified by Classic Register on the homepage at URL: www.classicregister.com. Users agree that once functionality is restored, services will resume from the point at which they were placed on hold, or otherwise proceed as determined at the sole discretion of Classic Register.
3.12. You agree that Classic Register makes no representation that a vehicle sale is guaranteed by creating a Listing to sell a vehicle through Classic Register’s Site, Applications or Services.
3.13. You agree that payments including the Seller’s Fee will be facilitated through our third party payment service, Stripe, Inc. or other services as determined in Classic Register’s sole discretion from time to time. You agree to use our services subject also to Stripe’s terms and conditions of service, which can be found at the following link: https://stripe.com/us/terms, or any other third party payment provider’s terms of service.
3.14. You agree that Classic Register has no responsibility or liability to any User or Party for costs or losses of any kind resulting from a vehicle Listing, and you agree that Classic Register is to be held harmless in the event of any dispute. This includes, but is in no way limited to loss caused by a failure of our Site, Applications or Services (including but not limited to server outages, software errors or hardware errors).
3.15. You agree that Classic Register is not a vehicle broker or dealer, and that the provision of a Listing platform service, allowing Buyers and Sellers to interact, is the full extent of Classic Register’s relationship with Users. You agree that Classic Register is not a Party to any vehicle sale or contract between a Buyer and Seller, and that a Listing sale is between a Buyer and Seller alone.
3.16. If it is found that you or a party related to you have acted contrary to these Terms and Conditions, or in a manner contrary to the interests of Classic Register, Classic Register has rights to immediately terminate or restrict your access to the Site, Applications and Services provided, and reserves all rights to take action deemed necessary to prevent such action being repeated.
3.17. You indemnify Classic Register against any liability, loss, claim or demand if Classic Register (or any of its officers, representatives, employees or agents) suffer any loss or damage or incur any cost in connection with a breach by you (or your representatives, employees or agents) of the Terms and Conditions contained here or otherwise made available to you by Classic Register.
4. ADDITIONAL TERMS APPLICABLE TO SELLERS
4.1. The Seller must have possession and legal title to the vehicle submitted for sale, or otherwise must have legal authority to deal with and transfer title of any vehicle sold on Classic Register’s Site, Applications or Services.
4.2. The Seller agrees to provide correct details for a valid, funded credit card that will not be dishonoured in the event a charge is made for the Seller’s Fee.
4.3. The Seller agrees to honour the Seller’s Fee, as varied from time to time by Classic Register, and the Seller agrees that this fee is payable whether or not the vehicle sells through the Site, Applications or Services.
4.4. The Seller agrees that the Seller’s Fee is payable in exchange for a temporary licence to use the functionality provided on Classic Register’s Site, Applications and Services, and in no way grants Classic Register any interest in the vehicle being sold, nor does it make Classic Register a party to a sale contract between the Buyer and Seller.
4.5. The Seller agrees to provide all relevant information which may impact in any way upon the value of the vehicle being sold. The obligation to provide this information is on the Seller only, and Classic Register may request, but is under no obligation to request further information from the Seller when assisting to draft a vehicle Listing.
4.6. The Seller represents and guarantees that the information, files, images, videos or other items submitted to Classic Register for a vehicle Listing are correct and accurate.
4.7. The Seller confirms and represents that they have a good understanding of the condition of the vehicle(s) they submit for sale, and that the information provided to Classic Register and its Users through a Listing is the closest possible representation of the vehicle’s true condition.
4.8. The Seller acknowledges that Classic Register is not responsible for the actions of Buyers, and cannot be held liable for actions or representations made by Buyers, including but not limited to the refusal to honour a sale contract or to complete a transaction following a sale.
4.9. Classic Register reserves the right (but assumes no obligation) to reject, delete, move, amend or edit any submitted information in a Listing, including comments (if applicable) on a Listing considered unacceptable or inappropriate, whether for legal or other reasons, at the sole discretion of Classic Register. The Seller agrees to hold Classic Register harmless in the event that information is amended in the abovementioned ways by Classic Register.
4.10. The Seller agrees to Classic Register promoting the Listing through various online and offline channels, as determined in Classic Register’s sole discretion.
4.11. The Seller agrees that prices are expressed in the currency selected by the Seller, as confirmed in the Vehicle Listing Setup Page.
4.12. The Seller must provide accurate and current contact information in order to facilitate contact with prospective purchasers, including a valid email address or telephone number.
4.13. The Seller agrees that each Listing is for one vehicle only, unless otherwise approved by Classic Register in writing.
4.14. The Seller agrees that Listings will be conducted in accordance with a procedure determined at the sole discretion of Classic Register as the provider of the Listing functionality through its Site, Applications or Services.
4.15. The Seller agrees to approve the Listing or provide their requested changes within a reasonable time after Classic Register has published the Listing on the Site, Applications or Services. The Seller agrees that Classic Register makes all reasonable efforts to publish a vehicle within a short timeframe, and Classic Register is not liable to compensate the Seller in any way for any delays that may occur, whether or not those delays were within or outside of Classic Register’s control.
4.16. The Seller acknowledges that Listings published by Classic Register are accurate and correct, and agrees that their vehicle can be listed for sale based on that information, and the information they have otherwise provided to Classic Register.
4.17. The Seller acknowledges they have the right to change the details of a Listing at any time by contacting Classic Register and quoting their listing reference number.
4.18. The Seller agrees that a Listing may display on Classic Register’s Site, Applications or Services for a period after the vehicle is sold and the Listing is ended, at the sole discretion of Classic Register. In such a situation, Classic Register will take reasonable steps to make it clear to Users that the vehicle has been sold and is no longer available.
4.19. The Seller agrees that the information, files, images, videos or other items submitted to Classic Register for a Listing can be published on Classic Register’s Site, Applications or Services, including but not limited to the online Vehicle Register following the completion of a Listing.
5. ADDITIONAL TERMS APPLICABLE TO BUYERS
5.1. The Buyer agrees to make their own reasonable enquiries with respect to the accuracy of the information provided in a vehicle Listing.
5.2. The Buyer agrees to act diligently in their enquiries to the extent that a reasonable person would be expected to act in the circumstances. This includes but is in no way limited to confirming the condition of the vehicle being offered for sale in person, checking the authenticity of the vehicle’s identity and checking that the vehicle has clear, unencumbered title.
5.3. The Buyer agrees that it is not reasonable for Classic Register to verify the correctness of information, files and representations provided by a Seller, and any dispute with respect to the correctness or accuracy of information presented in a Listing is between the Buyer and the Seller alone.
5.4. The Buyer agrees that the price for a vehicle advertised through a Listing is exclusive of any charges, including but not limited to government charges, taxation, transport or delivery costs and the Buyer agrees that any costs are their sole responsibility.
5.5. In the event that a Buyer purchases a vehicle advertised on Classic Register, the Buyer agrees to allow Classic Register to place the sold vehicle’s information, files, images, videos (or other items submitted to Classic Register by the Seller) on Classic Register’s Site, Applications or Services after the end of a Listing at the sole discretion of Classic Register, including but not limited to adding the vehicle to the online Vehicle Register.
6. LIABILITY OF CLASSIC REGISTER IS LIMITED:
6.1. Classic Register’s liability to you is limited. Other than to the extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties with respect to any Products or Services provided by Classic Register are hereby excluded.
6.2. Classic Register will not be liable for your loss of use, production, profit, revenue, business, data, contractor, anticipated savings, anticipated earnings or for any delay or for any financing costs or increase in operating costs or any economic loss or for any indirect or consequential loss or damage.
6.3. These Terms and Conditions will survive the expiration or termination of this agreement.
7. COPYRIGHT, LICENCE AND TRADEMARKS:
7.1. By using Classic Register’s Site, Applications or Services, you represent and warrant that:
7.1.1. you either are the sole and exclusive owner of all content that you make available through the Site, Applications and Services or you have all rights, licenses, consents and releases that are necessary to grant to Classic Register the rights in that content, as contemplated under these Terms and Conditions, and;
7.1.2. neither the User content nor your posting, uploading, publication, submission or transmittal of the User content or Classic Register’s use of the User content (or any portion thereof) on, through or by means of the Site, Applications and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy.
7.2. All material on Classic Register is copyright Classic Register Pty Ltd, and is protected by Australian and international copyright law. All rights in the material provided by Classic Register are reserved and subject to copyright.
7.3. Classic Register, Classicregister.com and other names of Classic Register products and/or Services referenced herein are trademarks of Classic Register Pty Ltd. Other product and company names mentioned on Classic Register’s Site, Applications or Services may be the trademarks of their respective owners. Nothing displayed on Classic Register’s Site, Applications or Service should be construed as granting you any intellectual property rights including the right to use any trademark, without Classic Register’s (or the relevant owner’s, if applicable) express written consent.
7.4. In consideration of Classic Register allowing you to access and use the Site, Applications or Services, you grant to Classic Register a non-exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit and to sub-licence the same for such purposes as Classic Register may determine from time to time (subject to Classic Register’s Privacy Policy). You warrant that:
7.4.1. you have all necessary rights in the content that you contribute;
7.4.2. the content is not defamatory;
7.4.3. the content does not infringe any law and you indemnify Classic Register against any liability, loss, claim or demand arising out of or in respect to a breach of that warranty, and;
7.4.4. you waive any moral rights you may have in relation to the material.
8. COMMUNICATION SERVICES ON CLASSIC REGISTER:
8.1. Classic Register may provide you with the means of communicating with others including but not limited to Classic Register, other Users and advertisers through multiple means. You acknowledge that Communication Services may be public, and data from the Communication Services may be collected, stored or scanned by Classic Register. You should not, however, consider all Communication Services to have been scanned, screened or approved by Classic Register.
8.2. Use of the Communication Services is provided on the condition that you do not do any of the following:
8.2.1. transmit any information or material which is knowingly incorrect, misleading or deceptive;
8.2.2. transmit any defamatory, infringing, obscene, indecent or unlawful information or material;
8.2.3. transmit spam, chain letters, contests, junk mail, unrelated website links, surveys or other mass messaging;
8.2.4. use the Communication Services for any unlawful purpose;
8.2.5. post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;
8.2.6. upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another's computer or damage any of Classic Register’s Network infrastructure;
8.2.7. upload files that contain illegal content, or content which may offend or does not reflect the intention or context of Classic Register’s Services;
8.2.8. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
8.2.9. advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Classic Register;
8.2.10. download any file posted by another user of the Communication Services that you know, or reasonably should know, is unlawful or contrary to these Terms and Conditions;
8.2.11. excessively use the Communication Services in a manner which may hinder or prevent Classic Register from providing Services to any other persons or which may threaten the integrity or use by others of Classic Register’s Site, Applications or Services;
8.2.12. be disrespectful, offensive or otherwise engage in acts which may offend, injure or defame the reputation of others;
8.2.13. authorise, aid, abet, encourage or incite any person to do any of the above acts.
8.3. Classic Register may, but has no obligation to, review the use of the Communication Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communication Services.
9. SOFTWARE USED BY CLASSIC REGISTER:
9.1. All software, codes and controls used by or made available to download from Classic Register’s Site, Applications or Services are owned by Classic Register. Classic Register grants you a personal, non-transferrable licence to use the software for Classic Register’s Site, Applications and Services in accordance with these Terms and Conditions and for no other purpose. You must not:
9.1.1. copy, reproduce, adapt, modify in whole or in part, any of the software;
9.1.2. reverse assemble, compile or allow or direct a third party to reverse assemble, compile, in whole or in part, the software;
9.1.3. sub-licence, rent, lease or otherwise deal with any rights to use the software other than in accordance with these Terms and Conditions;
10. WHAT LAW GOVERNS THESE TERMS AND CONDITIONS:
10.1. These Terms and Conditions are governed by and construed in accordance with the laws of the state of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that state.
11. VARIATION OF THESE TERMS AND CONDITIONS:
11.1. Classic Register may at any time and, in its absolute discretion, modify, vary or amend the Terms and Conditions upon which the Site, Applications or Services are supplied to you including such modifications or amendments in these Terms and Conditions of use, as published from time to time on the Site, Applications or Services. Such modifications will be binding on you once displayed on the Site, Applications or Services. Users are required to regularly check the Terms and Conditions displayed on the Site or elsewhere, and in particular check the version and date of the Terms and Conditions noted at the end, to ensure they have an understanding of the most current version.
11.2. Classic Register may at any time, without notice to the Users, assign ownership of the Site, Applications or Services to a third party. Such assignment will render these Terms and Conditions also assigned to any new owner of the Site, Applications or Services. Existing Users will have the same obligations under these Terms and Conditions (as varied from time to time), following the change in ownership of the Site, Applications or Services.
11.3. Classic Register may in its sole discretion cease to provide you with access to the Site, Applications or Services without notice.
11.4. All rights not expressly granted are reserved by Classic Register.
12. SEVERABILITY AND ENFORCEMENT:
12.1. In the event of a dispute arising from these Terms and Conditions:
12.1.1. Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable.
12.2. Users of Classic Register acknowledge the difficulty in enforcing the Terms and Conditions on the Site, Applications or Services, and agree that Classic Register is only able to use reasonable efforts to ensure the Terms and Conditions are complied with.
12.3. Classic Register is not liable for any breach of these Terms and Conditions by any User, and is to be held harmless in the event of any dispute.
13. ENTIRE AGREEMENT:
13.1. These Terms and Conditions represent all the Terms and Conditions applicable to the Users on the subject matter. The only enforceable obligations and liabilities of the parties in relation to the subject matter are those that arise out of the provisions contained in these Terms and Conditions. All representations, communications and prior Terms and Conditions in relation to the subject matter are merged in and superseded by these Terms and Conditions (as varied from time to time).
14. CONTACT US:
14.1. If you have a question, problem or a complaint relevant to our Site, Applications, Services or any of the Terms and Conditions of use, please contact us on the below details:
Location: Australia
Postal Address: Unit 368, 17-19 Memorial Avenue, St Ives NSW 2075
Phone: +32 466 420 377
Contact: The Directors - Classic Register Pty. Ltd. (ACN 604 435 449)
Email: Click here to contact us by email
Version 3 (August 2018)
