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Online Advertiser: CARZONE.IE Terms and Conditions of Use as at 29th April 2013
- The Agreement and our services
- Welcome to the Carzone.ie website. These terms and conditions (“Terms”), the Privacy Policy and all the documents expressly referred to in them (the “Agreement”)
are the terms and conditions of the agreement which you enter into with us when you use our website, www.Carzone.ie, which includes the online advertising services provided by us to users from that website address and all the webpages containing that
address, including any page that is enabled for use by a mobile device
- Carzone.ie,
amongst other things, allows
users to search advertisements posted on Carzone.ie for the sale of new and
used cars (“Vehicles”). Through Carzone.ie we also allow users, both
Private Advertisers and Trade Advertisers, to register on Carzone.ie (each an “Advertiser”),
and to place advertisements for the sale of Vehicles on Carzone.ie (each an “Advertisement”).
- All Carzone.ie
users (whether registered or unregistered) can make enquiries about
Advertisements to the Advertiser that/who submitted the Advertisement through Carzone.ie
or directly to the Advertiser.
- Acceptance and applicability of this
Agreement
- This
Agreement applies to each user of Carzone.ie, including registered and
unregistered users, (each a “user”, “you” and “your”),
including all Private Advertisers and all Trade Advertisers. Please read the
Agreement, including these Terms carefully before you start to use Carzone.ie.
By accessing and using Carzone.ie, you indicate that you have read, understand
and accept the terms and conditions of this Agreement and that you agree to
abide by them each time you access and use Carzone.ie. If you do not agree to
these terms and conditions, please refrain from accessing and using Carzone.ie.
- An
Advertiser that/who:
- sells
Vehicles in the course of a business, trade or profession; and/or
- lists more than four Vehicles in any 6 month period on Carzone.ie;
- agrees
that he, she or it will be categorised as a “Trade Advertiser” for the
purposes of this Agreement, even if the Advertiser originally registered as a
Private Advertiser; all other Advertisers are “Private Advertisers” for
the purposes of this Agreement.
- All registered
users of Carzone.ie, including any Trade Advertiser and Private Advertiser,
(each a “Customer”) are subject to:
- these
Terms; and
- the
Privacy Policy.
- All Trade
Advertisers are subject to:
- these
Terms; and
- the
Privacy Policy.
- Users
using Carzone.ie, but who/which do not register, are subject to:
- these
Terms (unless otherwise expressly stated); and
- the
Privacy Policy.
- Carzone.ie
is intended by us to be used by residents of the island of Ireland only and
only such residents may be Customers. If you are a resident of any other
country or jurisdiction you may access and use Carzone.ie, but you agree that
you do so entirely at your own risk, and it is your sole responsibility to
ensure that your access and use of Carzone.ie complies with any laws applicable
to you.
- INFORMATION ABOUT US
- Carzone.ie
is a website operated
by Webzone Limited ("we",
“us” and “our”). We are incorporated in Ireland under company
number 276836 with
a registered office at Paramount Court, Corrig Road, Sandyford, Dublin 18 and with VAT number IE 827 6836 S.
- REGISTRATION
AND ACCOUNT SECURITY
- Users can choose to register with
us as Advertisers. Some areas of Carzone.ie require registration prior to use,
or require the Customer to be a Trade Advertiser.
- There
are two types of Customer accounts, a Private Advertiser Account and a Trade
Account.
- A “Private
Advertiser Account” can only be created and used by a person eligible to be
a Customer pursuant to these Terms, who properly completes the registration
process on Carzone.ie, who intends to be a Private Advertiser and who is
accepted by us as a Customer.
- A Private Advertiser Account is for your personal, non-commercial use only, and may be used by you to place Advertisements and other types of Content. To open a Private Advertiser Account you must provide your name, address, telephone number, email address and any other information sought in the Private Advertiser Account registration process on Carzone.ie. As a Private Advertiser you may only open one Private Advertiser Account on Carzone.ie and you can use it to place up to a maximum of four (4) Advertisements in a six (6) month period; and
- A“Trade
Account” can only be created and used by a person eligible to be a Trade Advertiser
and a Customer pursuant to these Terms, who properly completes the registration
process on Carzone.ie and who is accepted by us as a Customer and Trade
Advertiser.
- A
Trade Account is only for use by the Trade Advertiser that registers that
account, and may only be used to place Advertisements and other types of
Content by that registered Trade
Advertiser. An
authorised representative of the Trade Advertiser must submit the Trade
Advertiser’s full legal name, address and VAT number, the name, email address
and telephone number of the Trade Advertiser’s representative and any other
information sought in the Trade Account registration process on Carzone.ie. As
a Trade Advertiser you may only open one Trade Advertiser Account on Carzone.ie
but you can use it for multiple Advertisements.
- When
opening any Customer account you agree to provide accurate, current and
complete information and to promptly update the information you provide to us
when it changes.
You may not:
(i) enter, select or use a false name or an email address owned or controlled
by another person with the intent to impersonate that person, or, (ii) use a
name without appropriate authorisation. We reserve the right in our sole
discretion to refuse registration of, suspend or cancel a Customer or a Customer
identification name without notice to you, or to test the veracity of information
provided by you or any other user at any time.
- As a
condition of your access and use of Carzone.ie, you warrant to us that you have
the right, authority and capacity to enter into and be bound by this Agreement.
You acknowledge and warrant that you will not use Carzone.ie for any purpose
that is unlawful or otherwise prohibited by this Agreement.
- You
must be over 17 to use certain services on Carzone.ie and over 14 years old to
use all other services on Carzone.ie. If you are under 17 years of age you are
not entitled to register as an Advertiser on Carzone.ie or to place an Advertisement
on Carzone.ie. If you are a minor between the age of 14 and 18 then all use of Carzone.ie
is subject to your parent or guardian consenting to that use of Carzone.ie. We
reserve the right to close any Customer account with or without notice if you
have not obtained this consent and/or if you cannot establish that it has not
been granted to our satisfaction. We advise parents or guardians who permit
their children to use Carzone.ie that it is important that they communicate
with their children about their safety online, as moderation is not foolproof.
Minors who are using any interactive service should be made aware of the
potential risks to them by their parents or guardians.
- PASSWORDS
AND USER NAMES
- You
shall be responsible for maintaining the confidentiality of your password and
are fully responsible for all activities that occur under your user name and
password.
- If
you choose or you are provided with a password or any other piece of
information as part of our security procedures, you must treat such information
as confidential, and you must not disclose it to any third party. We have the
right to disable, suspend or restrict any user identification name or password,
whether chosen by you or allocated by us, at any time, at our discretion,
including if, in our opinion, you have failed to comply with any of the
provisions of this Agreement.
- You
agree to (a) immediately notify us of any unauthorised use of your user identification
name, your account or password or any other breach of security related to Carzone.ie,
and; (b) ensure that you exit from your Carzone.ie account at the end of each
session. We cannot and will not be
liable for any loss or damage arising from your failure to comply with this section.
- If
you forget or lose your password, you should request a new password from us by
visiting the “Forgot Your Password” section in the registration area of Carzone.ie.
- ACCESSING OUR WEBSITE and content
- You may use Carzone.ie to write, create, upload, share,
change, edit and browse Advertisements, interact with other users and with us
on Carzone.ie, including by exchanging messages with other users and us, submitting
feedback in relation to the Carzone.ie and our services, posting comments,
participating in surveys, web polls and content syndication made available on Carzone.ie
as well as in any other activity that results in the creation, ranking, rating,
classification, categorisation and evaluation of material made available on Carzone.ie,
including, by creating, importing, uploading or
editing data, text, sound, photographs, graphics, video and other materials (“Content”).
- As a Customer
you may use Carzone.ie to
submit Advertisements and other Content to us to be posted on Carzone.ie. No
agreement to publish an Advertisement will be deemed to exist between you and
us until the Advertisement has been accepted for publication by us on Carzone.ie
and, even then, we may manage, edit and/or remove the Advertisement when
exercising the rights set out in this Agreement.
- As an
unregistered user you may use Carzone.ie to:
- search
for Content on Carzone.ie, including for Advertisements;
- use
the information provided on Carzone.ie to contact Advertisers in relation to Content
on Carzone.ie for the purposes for which that Content is published on Carzone.ie
only; and
- email
enquiries to Advertisers about their Advertisements through Carzone.ie.
- We do
not control the Content posted by third parties, including by users of Carzone.ie.
We do not guarantee or give any assurances to you or other users regarding the
accuracy, integrity or quality of such Content. You understand that by using Carzone.ie,
you may be exposed to Content that is inaccurate, unlawful, offensive, indecent
or objectionable. You understand that we cannot guarantee the identity of any
user with whom/which you may interact when using Carzone.ie.
- Access
to Carzone.ie is provided on an “as is” basis. You should not rely on any
Content and/or other material on Carzone.ie to make (or refrain from making)
any decision or to take (or refrain from taking) any action on which reliance
should be placed. We disclaim all liability and responsibility arising from
any reliance placed on such Content and/or materials by any user of Carzone.ie,
or by anyone who may be informed of any of the Content (including the
authenticity or accuracy of photographs of Vehicles). We accept no responsibility
for keeping the information on Carzone.ie up to date or complete, or liability
for any failure to do so.
- You
are responsible for complying with all laws applicable to your use of Carzone.ie,
including any Content that you submit to Carzone.ie or uploaded using your Carzone.ie
account.
- We
may refuse to publish any Content or to provide any services provided by Carzone.ie
without prior notice to any user(s) for any reason or no reason.
- We
have no obligation to monitor or moderate any user's activity or use of Carzone.ie,
including the Content on it. However we retain the right at all times to
monitor, retain and disclose any information on or use of Carzone.ie, including
as may be necessary to satisfy any applicable law, regulation, legal process or
regulatory authority request. Without any admission of liability, we may from
time to time assess any possible risks for users from third parties when they
use Carzone.ie, and we may decide in each case whether it is appropriate to use
monitoring or moderation of the relevant service or Content (including what
kind of monitoring or moderation to use) in the light of those risks. We
expressly exclude our liability for any loss or damage arising from the use of Carzone.ie
by any user in breach of this Agreement, whether Carzone.ie is moderated,
monitored or not.
- We do
encourage you to report any Advertisement that you consider unsatisfactory via
‘Report this advert to us if you find a problem’ button, which we have placed
on the bottom of each Advertisement page of Carzone.ie. This allows you to
report any Content that is in breach of this Agreement or in any other way
objectionable. Please see section 10 below.
- You
are responsible for making all arrangements necessary for you to have access to
Carzone.ie. You are also responsible for ensuring that all persons who access Carzone.ie
through your internet connection are aware of these terms, and that they comply
with them.
- RESTRICTIONS
ON YOUR RIGHT TO USE CARZONE.IE
- You
agree that you shall not (and you agree not to allow any third party to):
- modify,
adapt, translate, or reverse engineer any portion of Carzone.ie;
- remove
any copyright, trade mark or other proprietary rights notices contained on Carzone.ie,
or on any Content or other material obtained via Carzone.ie;
- use
any robot, spider, website search/retrieval application, or other automated
device, process or means to access, retrieve or index any portion of the Content
on Carzone.ie;
- access,
screen-scrape, retrieve or index any portion of Carzone.ie for purposes of
constructing or populating a searchable database of Advertisements, information
and other content other than on Carzone.ie itself;
- collect
any information about other users (including user identification names, telephone
numbers and/or email addresses) for any purpose other than to respond to and
make enquiries about Advertisements on Carzone.ie;
- reformat
or frame any portion of the web pages or any Content that are part of Carzone.ie;
- create
a Customer account by automated means or under false or fraudulent pretences or
create multiple Customer account logins;
- transmit
any viruses, worms, defects, Trojan horses or other items of a destructive nature
to users on Carzone.ie;
- use Carzone.ie
to violate the security of any computer network, crack passwords or security
encryption codes, transfer or store illegal material including that deemed
threatening or obscene;
- copy
or store any Content offered on Carzone.ie for other than your own use as
permitted by this Agreement;
- use
any device, software or routine that interferes with the proper working of Carzone.ie,
or otherwise attempt to interfere with the proper working of Carzone.ie;
- take
any action that imposes, or may impose in our sole opinion, an unreasonable or
disproportionately large load on our IT infrastructure;
- use Carzone.ie,
intentionally or unintentionally, to breach any applicable law;
- collect
or store personal data about other users in connection with the prohibited
activities described in this section 7;
- Engage
in, or promote, any spamming or direct marketing using Carzone.ie;
- Create
or transmit unwanted electronic communications such as surveys, contests,
pyramid schemes, chain letters, unsolicited emails, SMSs, automated calls or
"spam" to other users, or otherwise interfere with users’ enjoyment
of Carzone.ie;
- use Carzone.ie
for advertising, marketing, charitable, campaigning, for public relations or
commercial or political purposes of any kind, except as specifically provided
for in this Agreement;
- make
any attempt to access, amend or upload Content on any other Carzone.ie account
other than your own;
- Access
any unauthorised areas of Carzone.ie;
- impersonate
any person or entity; or
- upload,
post, email, transmit or otherwise make available using Carzone.ie any Content
or other material that you do not have a right to make available under any law
or contractual obligation, which includes making available material which breaches
a third party’s intellectual property rights.
- CONTENT
PUBLISHING STANDARDS AND YOUR REPONSIBILITIES
- These
provisions apply to any and all Content which you upload, submit, publish or
display to Carzone.ie, that you transmit to other users using Carzone.ie (including
Content on Carzone.ie) or that is uploaded using your Carzone.ie account, and to
any services associated with that Content (“Your Content”).
- You
must comply with the spirit of the following standards in this section 8 as
well as the letter. The standards apply to each part of Your Content, as well
as to its whole.
- You
are solely responsible for Your Content. You understand that all information
publicly posted or privately transmitted through Carzone.ie is the sole
responsibility of the person from which such Content originated and the
relevant account holder and you will ensure that your Content is accurate.
- As a
Customer you warrant to us that you have the right to offer for sale each Vehicle
that is submitted to Carzone.ie using your Carzone.ie account, on the terms and
conditions advertised in any Advertisement and that you will not offer for sale
that Vehicle, on behalf of an undisclosed third party.
- You
agree that we may review, refuse, edit, delete or require to be amended, any of
Your Content at our discretion, including where we have determined that (i) there
has been or may be a breach of this Agreement, (ii) Your Content does or might
infringe a third party right; (iii) Your Content does or might bring our
business into dispute or conflict, (iv) Your Content does or might be required
to respond to a complaint or legal action or (v) to correct typographical
errors or technical inaccuracies that may appear in Your Content from time to
time. If we determine that a breach of this Agreement has occurred, we may take
such action as we deem appropriate.
- The
following set of warranties is a partial list of the criteria that you must
ensure that Your Content shall comply with. You warrant that Your Content:
- is accurate,
true and complete (including where it states facts or contains photographs);
- does
not deceive or mislead any person;
- is
genuinely held, and capable of verification (where it states an opinion);
- complies
with applicable law.
- SUSPENSION
AND TERMINATION
- You
agree that we may, with or without cause, immediately suspend or terminate your
Customer account and access to Carzone.ie without prior notice at our sole
discretion. You agree that we shall not be liable to you nor any third party
for any suspension or termination of your account or of access to Carzone.ie.
- Without
limiting the foregoing, the following may lead to a termination or suspension
by us of a Customer’s account or a user’s use of Carzone.ie: (a) a breach of
this Agreement, (b) a request by law enforcement authorities, Gardai /police,
other government agencies or regulatory authorities in respect of your account;
(c) a request by you in writing to us (self-initiated account deletions); (d)
unexpected technical issues or problems experienced by us; and (e) extended
periods of inactivity in respect of your account.
- Termination
of your account includes removal of access to services provided by Carzone.ie
through that account, all Content that we may determine at our discretion and
we may also bar you from further use of Carzone.ie, including future
registrations of any account.
- If
we, in our discretion, determine that you have failed to comply with this Agreement,
we may take all, or any, of the following actions with, or without, notice to
you:
- terminate,
withdraw or suspend your right to use Carzone.ie, the account or any particular
service;
- remove
any Content on Carzone.ie;
- issue
a public (via Carzone.ie) or private warning to you;
- take legal
action against you; and/or
- disclosure
of such information to law enforcement authorities or regulatory authorities as
we feel is necessary.
- COMPLAINTS
AND REPORTS
- If you
believe that Content posted on Carzone.ie breaches this Agreement or is in any
other way objectionable, please notify us through “Report this advert to us if
you find a problem”, give the full details of such Content and specify the
reasons for your objections. If
you do not provide us with sufficient information we may be unable to process
your complaint.
We reserve the right to investigate all aspects of any complaint or enquiry and
we will determine, in our discretion, what action (if any) to take. You are
solely responsible for your interactions with other Advertisers and users of Carzone.ie.
While we reserve the right to monitor or to intervene in disputes between you and
other Advertisers and users in relation Carzone.ie, we have no obligation to do
so.
- If
you are dissatisfied with Carzone.ie or any of our acts or omissions, your sole
and exclusive remedy is to terminate your use of Carzone.ie, and, if you are a
Trade Advertiser or Private Advertiser by closing your account simply by
removing your Advertisements from the Carzone.ie. To remove your Advertisement(s)
from the Carzone.ie login to ‘My Adverts’ and click ‘I've sold this vehicle’.
- DISPUTES
WITH THIRD PARTIES
- You
must tell us immediately if any person makes or threatens to make any claim or
issue legal proceedings against you relating to your use of Carzone.ie. You
will, if we ask you to, immediately stop the use complained of. If we ask you
to, you must confirm the details of the claim or threat of a claim in writing
to us. If we ask you to stop the use complained of and if you fail to stop the use
complained of we reserve the right to take any and all appropriate action
against you, which may involve appropriate legal action.
- INTELLECTUAL PROPERTY RIGHTS
- We
are the owner or the licensee of all intellectual property rights in Carzone.ie
and in the Content that we publish on it. Those works are protected by
intellectual property, including copyright laws, trade mark laws, database laws
and treaties around the world. All such rights are reserved.
- By
posting Content on Carzone.ie, you grant to us an irrevocable, perpetual,
royalty-free, fully sub-licensable, fully paid up, worldwide licence to use,
copy, display, publish, reproduce and distribute such Content, to prepare
derivative works of, or incorporate into other works, such Content and to
exercise any rights reserved to us in relation to the Content under this
Agreement. This licence is non-exclusive, except that you agree that we shall
have the exclusive right to exercise this licence to the extent of combining
your Content with the Content of other Advertisers for purposes of constructing
or populating a searchable database of Advertisements and other Content on Carzone.ie.
- Carzone.ie
(including, but not limited to, text, photographs, graphics, video, audio and
other Content appearing on it) is protected by database rights, copyright and as
a collective work or a compilation under the laws of Ireland and other countries,
including the copyright and database laws. All individual articles, other Content
and other elements comprising Carzone.ie are also copyrighted works, databases,
designs or are protected by law in other ways. You acknowledge that Carzone.ie
and any Content or underlying technology or software used in connection with Carzone.ie
contains our proprietary and, on occasion, confidential information. You may
not modify, reproduce, distribute, create derivative works of, publicly display
or in any way exploit, any of the content, software, and/or materials available
on Carzone.ie, in whole or in part, except as expressly provided in this
Agreement. Except as expressly and unambiguously provided in this Agreement, we
do not grant you any express or implied rights, and all rights in Carzone.ie
not expressly granted by us to you are retained by us.
- If it
is determined that you retain moral rights in the Content, then to the extent
permitted by law you hereby declare that (a) you do not require that any
personally identifying information be used in connection with the Content, or
any derivative works of or upgrades or updates of it; (b) you have no objection
to the publication, use, modification, deletion and exploitation of the Content
by us or our licensees, successors and assigns or our exercise of rights under
this Agreement; (c) you forever waive and agree not to claim or assert any
entitlement to any and all moral rights in any of the Content; and (d) you
forever release us, and our licensees, successors and assigns, from any claims
that you could otherwise assert against us by virtue of any such moral rights.
- We
are the proprietor of the Irish trademark CARZONE (229565). All product names
mentioned on Carzone.ie are the trademarks of their respective owners, and
other trade marks may be displayed on Carzone.ie from time to time. Some
material on Carzone.ie may contain other information containing intellectual
property of a third party. Nothing displayed on Carzone.ie should be construed
as granting you any licence, or right of use of any logo, information or trade
mark displayed on it, without the express written permission of the relevant
owner, save as expressly provided in this Agreement.
- You
may print off one copy, and may download extracts, of any Content from Carzone.ie
for your own personal and, where you are a Trade Advertiser, for commercial reference.
You may draw the attention of others within your organisation to Content on Carzone.ie.
You may also permit your computer to make an electronically stored, transient
copy of the Content on Carzone.ie for the purposes of viewing it while
connected to the internet only.
- You
must not modify the paper or digital copies of any Content that you have
printed off or downloaded in any way, and you must not use any illustrations,
photographs, or any graphics separately from any accompanying text.
- Our
status (and that of any partners, Advertisers, Customers or third parties
identified on Carzone.ie) as the authors of material on Carzone.ie must always
be acknowledged by you.
- Except
where you are a registered Trade Advertiser, you must not use any part of the
Content on Carzone.ie for commercial purposes.
- OUR
LIABILITY
- To
the extent permitted by law, your use and access to and of the Content and Carzone.ie
are provided by us under this Agreement without any guarantees, conditions or
warranties as to their accuracy.
- to
the extent permitted by law, we expressly exclude:
- all
conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity; and
- any
liability for any direct, indirect or consequential loss or damage including any
liability for loss of income or revenue, loss of business, loss of profits or
contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted
management or office time and for any other loss or damage of any kind, however
arising and whether caused by tort (including negligence), breach of contract
or otherwise, even if foreseeable in connection with this Agreement.
- We
shall not be liable for any failure to perform any of our obligations under
this Agreement caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any
Content, including, but not limited to, any errors or omissions in any Content,
or any loss or damage of any kind incurred as a result of the use of, access
to, or denial of access to any Content on Carzone.ie.
- We
will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses, malicious or impairing computer programs or
other technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of Carzone.ie
or to your downloading of any material posted on it, or on any website linked
to it.
- We do
not guarantee the security of the online services or any systems connected with
the use of Carzone.ie (including the internet and your hardware and software)
used in accessing the services, or any information passed through such systems.
We do not guarantee access to Carzone.ie or any systems used in accessing our
services will be continuous or virus or error free.
- Any
material downloaded, or otherwise obtained through the use of Carzone.ie is
done at your own discretion and risk, and you will be solely responsible for
any damage to your computer system, or loss of data, that results from the
download of any such material. No advice or information, whether oral or
written, obtained by you from us, or through, or from Carzone.ie, shall create
any warranty not expressly stated in this Agreement.
- We
will need to carry out maintenance work on our equipment and systems, and shall
use reasonable endeavours to ensure that, in doing so, minimum disruption is caused. Advertisers acknowledge that we cannot
guarantee that the Advertisement will be continuously available on Carzone.ie.
- YOUR
LIABILITY AND YOUR INDEMNITY
- You
agree to indemnify and hold us, our parent, subsidiaries, officers, directors,
shareholders and employees, harmless, including costs and legal fees, from any
claim or demand made by any third party due to or arising out of (i) your
access to and use of Carzone.ie; (ii) the breach of this Agreement by you or
any third party using your account, user identification name or password.
- CUSTOMER
ACCOUNTS
- Customers
seeking to advertise Vehicles through Carzone.ie shall comply with the
following obligations when creating the related Advertisement or other Content:
- Advertising
Contents
- only
one Vehicle may be listed in each Advertisement;
- Payment
and Security
- Payment
for Advertisements must be made through Carzone.ie;
- Publication of an Advertisement on Carzone.ie
is subject to payment of a fee to us (the “Fee”). The Fee is set out on Carzone.ie
and displayed to you in the course of you offering to place an Advertisement
with us, through submitting it to Carzone.ie. The Fee for all the services
available on Carzone.ie is quoted and is payable in Euro.
- All Fees
payable by Private Advertisers are stated inclusive of valued added tax (VAT)
at the relevant rate. All Fees payable by Trade Advertisers are stated
exclusive of value added tax VAT which is payable at the relevant rate.
- Payment of the Fee can be made by using one of the electronic payment cards listed on the payment page. No other payment method will be accepted.
- To
process card payments we will direct you, via Carzone.ie, to a dedicated third
party service provider. When you choose, via Carzone.ie, to make the payment of
the Fee you will be brought to the third party service provider’s website. Once
there, you will enter into a contract for services with the third party service
provider, who will take payment from you. We are not responsible or liable for
the third
party service provider’s
services or contract with you. You should separately review and confirm that
you are agreeable to third
party service provider’s
terms and conditions, prior to instructing them to pay us on your behalf.
- Order
Confirmation
- After you complete the payment process, you will be forwarded to a confirmation page on Carzone.ie that the payment instruction has been received, and your Advertisement will be listed under your ‘My Adverts’ on Carzone.ie. In normal circumstances, your Advertisement will appear on Carzone.ie within one working day (Monday to Friday excluding Bank Holidays) after you having finalised and submitted the Advertisement. Adverts submitted over the weekend (Saturday and Sunday) will be processed on the next applicable working day (Monday to Friday excluding Bank Holidays)
- Changing
Your Advert
- You
can make unlimited changes to your Advertisement on Carzone.ie provided that
the Content continues to comply with this Agreement. Simply login to your
account on Carzone.ie and ‘My Adverts’ page and click 'Edit my Advert'. Due to
the 'one vehicle per advert' rule referred to in clause 15.2.1, you will not be
able to change the make or model of the Vehicle, location or contact details in
the Advertisement after the Advertisement has been paid for. Please contact our
Support Team on 014490650 or email us at classifieds@Carzone.ie, if you need to
do this. In normal circumstances changes to your Advertisement will appear on Carzone.ie
within one working day of you having processed the changes.
- If
you make a change to your Advertisement on Carzone.ie which involves a change
in the price band of the advertised price for the Vehicle shown on the Advertisement
that you previously submitted to Carzone.ie then:
- you
will not be entitled to a refund of any part of the Fee, even if the new price
would have resulted in a reduced Fee if the new price had been used in the
original Advertisement; and
- you
may be charged an additional Fee if the Fee for the original Advertisement
would have resulted in an increased Fee if the new price had been used in the
original Advertisement.
- Removing
Your Advert from Carzone.ie
- To
remove your Advertisement from the Advertisements that are visible to users of Carzone.ie
login to ‘My Adverts’ and click ‘I've sold this Vehicle’.
- If you
deactivate or cancel an Advertisement after the Advertisement Fee has been paid
for you will not be eligible for a refund as when you submit an Advertisement
you are instructing us that you want the Advertisement to be published
immediately. In normal circumstances your Advertisement will be removed from Carzone.ie within 1 working day of receipt of your instruction through Carzone.ie
- Liability
- Where
your Advertisement does not appear on Carzone.ie despite you receiving
confirmation that we have received the payment instruction for the relevant Fee
then you will be entitled to a refund of the Fee, unless (1) the omission,
cancellation or mismatch of your Advertisement was caused by unforeseen
circumstances beyond our reasonable control; (2) we did not actually receive
the Fee or (3) you breached this Agreement.
- To
the extent permitted by law, our liability to you for any breach of contract or
negligence in connection with this Agreement shall not exceed an amount equal
to the Fee paid by you in relation to the Advertisement or series of Advertisements
connected to the liability.
- You
are responsible for any losses, expenses or other costs incurred by us
caused by your use of Carzone.ie, your breach of this Agreement and/or any
untrue statement or inaccurate photograph or Content that you used on Carzone.ie.
- LINKING
TO OUR WEBSITE
- You
are not permitted to link any other website to Carzone.ie without first obtaining
our prior written consent. If we give you consent we may choose to require you to
accept terms and conditions as a condition of granting this permission. You
must not establish a link to Carzone.ie from any website that is not owned by
you unless we expressly agree in writing that you can do so. You must not
create a link to any part of Carzone.ie other than the homepage.
- We
reserve the right to withdraw any linking permission given to you with or without
notice. You must not frame Carzone.ie on any other website without first obtaining
our prior written consent. If we give you consent we may choose to require you to
accept terms and conditions as a condition of granting this permission.
- If
you wish to create a link or to make any use of Content or other material on Carzone.ie,
then please address your request to classifieds@Carzone.ie.
- LINKS
FROM OUR WEBSITE
Where
Carzone.ie contains links to other websites and resources provided by our
partners or other third parties, these links are provided for your information
only. We have no control over the content of those websites or resources, and
accept no responsibility or liability for them or for any loss or damage that
may arise from your use of them. If you link to any such websites then you
acknowledge that you leave Carzone.ie and do so entirely at your own risk.
- CONTACT
FROM US
- In
the course of providing you services or in respect of your use of Carzone.ie,
we may need to communicate with you via email or the other details that you
have submitted to us. You agree to receive emails which are specific to your
account and necessary for the normal functioning of Carzone.ie, including
emails which help inform Advertisers and users about functionality of Carzone.ie.
You also accept and understand the terms of our Privacy Policy.
- JURISDICTION
AND APPLICABLE LAW
- The Irish
courts will have exclusive jurisdiction over any claim arising from, or related
to, a visit to Carzone.ie, although we retain the right to bring proceedings
against you for breach of this Agreement in your country of residence or any
other relevant country. This Agreement is governed by Irish law. The rights
and remedies contained in this Agreement are cumulative and not exclusive of
rights or remedies provided by law.
- VARIATIONS
- We
may revise this Agreement at any time by amending the pages upon which they
appear on Carzone.ie, without giving notice of such modifications. Such
modifications become effective immediately upon posting of the modified terms
on Carzone.ie. You
agree to review the Agreement periodically, so that you are aware of any modifications.
Your continued use of Carzone.ie after any modifications indicates your
acceptance of the modified Agreement.
- WAIVER
- A
failure to exercise or delay in exercising a right or remedy provided by this
Agreement or by law does not constitute a waiver of the right or remedy or a
waiver of other rights or remedies. No single or partial exercise of a right
or remedy provided by this Agreement or by law prevents further exercise of
that right or remedy or the exercise of another right or remedy.
- SEVERABILITY
- In
the event that any clause or any part of any clause in this Agreement is
declared invalid or unenforceable, by the judgment or decree by consent or
otherwise of a court of competent jurisdiction from whose decision no appeal is
or can be taken, all other provisions contained in this agreement shall remain
in full force and effect and shall not be affected by such finding for the term
of this Agreement.
- ASSIGNMENT,
CONSTRUCTION AND ENTIRE AGREEMENT
- We
may assign or subcontract any or all of our rights and obligations of our Agreement
with you to a third party at any time, at our discretion. You may not, without
our prior written consent, assign or dispose of any of your rights or obligations
arising under this Agreement.
- This
Agreement contains the entire agreement and understanding between the parties
relating to Carzone.ie, and supersedes any and all prior agreements,
arrangements, statements and understandings, except for any fraud or fraudulent
representation by either you or us. In the event of any inconsistency between
the Privacy Policy and these Terms then these Terms take priority.
- In
respect of Trade Advertiser, in the event of any inconsistency between the Trade
Advertiser Terms and these Terms then these Terms take priority.
- Any
words following the terms “including”, “include”, “in particular” or any
similar expression shall be construed as illustrative and shall not limit the
sense of the words, description, definition, phrase or term preceding those
terms.
- SUBMISSIONS
- You
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback and other information about Carzone.ie provided by you to us are
non-confidential and may be used by us at our discretion.
Thank you for visiting Carzone.ie.
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