General

1.1 The JUST JDM CARS Network

Welcome to Just JDM Cars Media Proprietary Limited’s Terms & Conditions of Use (“Terms & Conditions”). These Terms & Conditions govern your use of www.justjdmcars.com.au and affiliated sites, including but not limited to www.justjdmcars.com.au, and www.justeurocars.com.au (“the JUST JDM CARS Network”). The JUST JDM CARS Network is an online advertising platform that enables potential Buyers to browse listings and purchase items by contacting Sellers and arranging privately-negotiated sales. The JUST JDM CARS Network also allows users to connect and share their automotive interests.

Just JDM Cars Media Pty Ltd also operates print advertising in hard copy publications. The JUST JDM CARS Network can be used to place advertisements in these publications. These Terms & Conditions apply to those who use the JUST JDM CARS Network to list items for sale in our hard copy publications.

1.2 Definitions

In these Terms & Conditions:

• Buyer means any person or entity using the JUST JDM CARS Network to purchase items listed for sale.

• Dealer means a Seller who has advertised or plans to advertise more than six items for sale within any 12-month period or who we reasonably believe operates a business buying, selling, or exchanging motor vehicles.

• Guest means a person or entity who has accessed the JUST JDM CARS Network but has not registered as a member.

• Member means a person or entity who has registered for a JUST JDM CARS Network account.

• Private Seller means any Seller other than a Dealer. Private Sellers can advertise a maximum of 5 vehicles at one time, per website, with one vehicle per ad.

• Seller means any person or entity using the JUST JDM CARS Network to advertise goods or services for sale.

• User includes Guests, Members, Buyers, Sellers, and Dealers.

• We or us refers to Just JDM Cars Media Pty Ltd, its servants, agents, employees, and assignees.

• You includes anyone acting on your behalf or with your express or implied authority.

1.3 Agreement to the JUST JDM CARS Network Terms & Conditions

By accessing, using, or registering to become a member of the JUST JDM CARS Network, you agree to be bound by these Terms & Conditions, as amended from time to time. Each time you visit or use the JUST JDM CARS Network, you confirm your agreement to these Terms & Conditions and acknowledge any changes.

These Terms & Conditions are binding on you from the earlier of your registration date or 4 December 2009.

In addition to these Terms & Conditions, Just JDM Cars Media may publish Policies accessible at www.justjdmcars.com.au. The content of these Policies, as amended from time to time, forms part of these Terms & Conditions.

1.4 Additional Terms When Transacting with Us

If we offer services to you, including advertising items for sale on the JUST JDM CARS Network, these services may be subject to additional terms and conditions, such as our Commercial Advertising Contract Terms & Conditions. In the event of any inconsistency between these Terms & Conditions and the additional terms, the latter will prevail to the extent of the inconsistency.

1.5 Changes to the Terms & Conditions

We reserve the right to amend these Terms & Conditions from time to time. Amendments cannot be made orally. Except as otherwise stated or notified to you, all amendments will be effective 30 days from the date of the change.

You agree to periodically check these Terms & Conditions for updates. We will notify registered members of material changes via email before or as soon as practicable after the change.

If you do not agree with any changes, you must terminate your membership. Continued use of the JUST JDM CARS Network after changes take effect constitutes acceptance of the amended Terms & Conditions.

Breach

If you commit a material breach of these Terms & Conditions, we may suspend, cancel, or terminate your account and membership. If we suffer any loss or damage due to your breach, you agree to indemnify us for all such loss and damage.

Access and Interference

We strive to minimize service interruptions on the JUST JDM CARS Network and will provide prior warning of outages where reasonably practicable. However, we do not accept liability for any loss or inconvenience caused by unavoidable service interruptions or interference.

Membership and Accounts

All members of the JUST JDM CARS Network are issued accounts.

4.1 Membership Eligibility

Membership is only available to individuals or entities capable of entering into legally binding contracts under Australian law.

You must be at least 18 years old to list an item for sale. If you are a Seller, you must be legally able to sell the item listed.

If you are under 18 or incapable of entering into a legally binding contract, you must not use the JUST JDM CARS Network to sell items.

4.2 Non-Transferable Membership

Your membership is non-transferable. You may not assign, transfer, sell, or otherwise deal with your account or membership without our written consent.

4.3 Account Security

To maintain account security, you agree to:

• Keep your contact information accurate and up-to-date.

• Not provide false personal information or create an account for anyone else without permission.

• Not share your password or allow others to access your account.

• Allow us to verify your membership details before issuing an account.

• Accept that we may deny or revoke your membership based on your country of residence, IP address, or email address.

Obligations of JUST JDM CARS Network Users

5.1 Members Must Control Their Accounts

You are responsible for maintaining control of your account and must notify us of any unauthorized use.

5.2 You Must Be Contactable

You must maintain and regularly check a valid email account through which we can contact you.

5.3 Responsible Use of the JUST JDM CARS Network

You warrant that you will not use the JUST JDM CARS Network for any unlawful purpose or in violation of these Terms & Conditions. Without limitation, you must not:

• Use Communications Tools to advertise goods or services unrelated to the JUST JDM CARS Network.

• Post third-party personal information.

• Send unauthorized commercial communications (e.g., SPAM).

• Use automated means to access the JUST JDM CARS Network.

• Upload viruses or malicious code.

• Create HTTP links to other websites or frame/mirror the JUST JDM CARS Network.

• Collect information from users without their consent.

• Bully, intimidate, or harass any user.

• Use the JUST JDM CARS Network for unlawful, misleading, malicious, or discriminatory purposes.

5.4 ‘Share’ Function

If you use the ‘Share’ function, you warrant that the recipient consents to receiving the information. If your conduct breaches the SPAM Act 2003 (Cth), you agree to indemnify us for all related costs.

5.5 We May Alter or Remove Posted Content

We may alter or remove any content you post if we consider it inappropriate, offensive, misleading, defamatory, unlawful, or incorrect. We may also remove content if instructed by a third party.

Sellers’ Obligations

6.1 Your Rights and Obligations When Listing an Item for Sale

By listing an item for sale, you warrant that:

• You are legally able to sell the item(s).

• The item(s) is/are available for sale, of merchantable quality, and fit for purpose.

• The item(s) is/are as described in the listing.

• The listing complies with these Terms & Conditions and all relevant laws.

We reserve the right to edit, refuse, or determine the duration of your listing. If we refuse your listing, Dealers are not entitled to a refund, while Private Sellers will receive a full refund.

6.2 Listings Containing Errors

You are responsible for reviewing and verifying your listings for errors. If we make an error in publishing your listing, we will correct it free of charge but are not liable for any resulting loss or inconvenience.

6.3 Listings Containing Images of Vehicles

If you include a photograph in your listing, it must be a current image of the exact vehicle being sold.

6.4 You Must Complete Transactions

When you enter into a transaction with a Buyer, you create a legally binding contract. You must complete any lawful transaction and comply with your obligations to the Buyer.

6.5 You Must Notify Us of Sales

You must notify us when an item is sold to ensure the listing is removed.

6.6 Item Presumed Sold if Listing Not Accessed for 2 Months

If you do not access your listing for 2 months, we may presume the item is sold and remove the listing without notice.

6.7 Private Sellers Deemed to Be a Dealer

If you advertise as a Private Seller but operate a registered business of buying, selling, or exchanging motor vehicles, you are deemed a Dealer. We reserve the right to convert your listings to Dealer listings and charge applicable fees.

Additional Dealer Obligations

7.1 Your Obligations as a Dealer

Dealers must comply with all obligations of Private Sellers.

7.2 Price Disclosure Obligations

Dealers must comply with the Competition and Consumer Act 2010, including section 29(g). Listings must include the purchase price and all applicable taxes, duties, fees, levies, or charges payable by the consumer. The single price must be displayed prominently.

Buyers’ Obligations

As a Buyer, you are responsible for:

• Conducting relevant searches (e.g., roadworthiness checks).

• Verifying the accuracy of information provided by Sellers.

• Establishing and maintaining contact with Sellers.

We are not responsible for the terms of any transaction, the quality of goods, or resolving disputes between Buyers and Sellers.

8.1 You Must Complete Transactions

When you enter into a transaction with a Seller, you create a legally binding contract. You must complete any lawful transaction and comply with your obligations to the Seller.

Communications Tools

We may provide tools for communication, including forums, direct messaging, and blogs. You must not use these tools for unlawful purposes or to post inappropriate content. We reserve the right to review, edit, or remove any content posted using these tools.

Suspension, Cancellation, and Termination of Accounts

We may suspend, cancel, or terminate your account if you breach these Terms & Conditions, provide false information, or engage in inappropriate conduct. We are not obligated to provide details of any investigation or action taken.

Fees and Payments

11.1 Your Obligations

You are responsible for paying all fees and applicable taxes associated with using the JUST JDM CARS Network.

11.2 Fees Associated with Use

There is no charge for becoming a member. Listing items for sale incurs fees, which will be disclosed before you proceed. Dealers must contact us to ascertain applicable fees.

11.3 Opportunity to Review

You have the opportunity to review and accept fees before listing an item. Do not proceed unless you are willing and able to pay the listing fees.

Legal Compliance

You must comply with all applicable laws, including the Competition and Consumer Act 2010 and the Fair Trading Act 1999 (Vic). You are responsible for ensuring your activities on the JUST JDM CARS Network are lawful.

Dispute Resolution and Correspondence

13.1 Disputes with Other Users

We are not involved in disputes between users. We encourage you to resolve disputes directly with the other user or seek assistance from Consumer Affairs Victoria.

13.2 Disputes with Us

Formal disputes must be initiated by registered post to:
JUST JDM CARS Network Dispute Resolution Officer
c/o Just JDM Cars Media
PO Box 34
Geelong VIC 3220
Australia

Disputes will be settled by mediation at the Australian Commercial Disputes Centre, with each party bearing its own costs.

Disclaimers and Limitation of Liability

14.1 We Are Not an Auctioneer, Vendor, or Agent

We are not involved in transactions between Buyers and Sellers. We provide a forum for connecting users and publishing content but do not guarantee the suitability, quality, or legality of items listed.

14.2 No Warranty as to Content of Listings

We do not warrant that listings are complete, current, or free from errors.

14.3 No Warranty as to Nature or Quality of Goods

We do not warrant the suitability, quality, or condition of goods or services advertised. You must verify information before relying on it.

14.4 No Warranty as to Identity or Capacity of Users

We do not confirm the identity or legal capacity of users. You are responsible for verifying the identity of those you transact with.

14.5 Limitation of Liability

We are not liable for any loss or damage arising from your use of the JUST JDM CARS Network or transactions with other users.

Communications to You

We may send you communications regarding your transactions and account. These communications do not constitute an endorsement or guarantee of your transaction.

Other Websites

The JUST JDM CARS Network may contain links to third-party sites. We do not endorse or accept responsibility for the content or use of these sites.

Indemnity

You agree to indemnify us against any claims, losses, or damages arising from your breach of these Terms & Conditions or violation of any law.

Intellectual Property

18.1 Copyright

Material on the JUST JDM CARS Network is owned by or licensed to Just JDM Cars Media and is subject to copyright. You may only copy, download, or reproduce material for personal use.

18.2 Trademarks

justjdmcars.com.au and other product names are our trademarks. Other product and company names may be trademarks of their respective owners.

18.3 Licence

You grant us a non-exclusive, perpetual licence to reproduce, modify, and publish any material you post on the JUST JDM CARS Network.

Privacy

We are bound by the Privacy Act 1988 (Cth). We collect personal information directly from you and may use it to verify your identity, provide services, and contact you. We do not collect or store your credit card details.

Applicable Law

These Terms & Conditions are governed by the laws of the State of Victoria.

Just JDM Cars Questionnaire Incentives

21.1 Market Research

Conducted by Roy Morgan on behalf of Just JDM Cars Media, PO Box 34, Geelong, Victoria, 3220. Ph: 03 5225 1333.

21.2 Prizes

• Direct Entrants: Enter to win 1 of 5, 12-month digital and print subscriptions to a Just JDM Cars publication (valued at $89.99 each).

• Web Entrants: Receive a 6-issue digital subscription to a Just JDM Cars publication (valued at $14.99).

21.3 Draw

Direct Entrant winners will be drawn on 6th June 2017 at 182 Latrobe Terrace, Geelong VIC 3220. Winners will be notified by post.

21.4 Entry

One entry per survey. Competition valid for Australian residents only.

21.5 Personal Details

By submitting the survey, you acknowledge that your personal details may be provided to a third party to fulfill the prize.