Terms & Conditions - Fast Lane Finance

Terms and Conditons of Use

By accessing or using the Fastlane Networks you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on the Fastlane networks & Fastlane website as amended from time to time.

1. About the Fastlane Networks

(a) Fastlane publishes or makes available on the Fastlane Network information, advertisements, product and service offers, vehicle data, valuations, Software and links and other content supplied by Fastlane and third parties (Material). Fastlane does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Fastlane Network or on any web site that links from the Fastlane Network. (including third party display advertisements).

(b) Fastlane does not provide any warranty in relation to any goods or services advertised for sale on the Fastlane Network 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.

2. Personal and Non Commercial Use Only

(a) Use of the Fastlane Network is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of Fastlane:

    i. modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
    ii. use or attempt to use any Material published on the Fastlane Network to create any web site or publication or searchable database;
    iii. mirror or frame any web site or page within the Fastlane Network;
    iv. use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the Fastlane Network or generate or compile any document, index or database based on the Material published on the Fastlane Network;
    v. transfer or sell any information, functionality or products or services offered on the Fastlane Network; or
    vi. undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.

b) If Fastlane considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to Fastlane’s interests, then Fastlane may immediately terminate your right to access and use the Fastlane Network at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Fastlane Network.

3. You are Responsible for the use of the Fastlane Network

(a) Whilst Fastlane takes care to ensure that the Material on the Fastlane Network is correct, current and free from errors, Fastlane does not warrant the accuracy or completeness of or the representations made in the Material on the Fastlane Network or any web site that links from the Fastlane Network or any information received as a result of using the Fastlane Network. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.

(b) The services and Material made available on the Fastlane Network are provided as general information only. The services and Material are not 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 don't do anything; and may not be continually accessible or free from errors or viruses.

(c) You agree to indemnify Fastlane against any liability, loss, claim or demand if Fastlane (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.

4. Goods and Services Provided By Third Parties

(a) If goods and services are offered on or through the Fastlane Network by third parties (sellers):

    i. vehicle prices exclude government and statutory charges (unless otherwise stated);
    ii. You are responsible for making all relevant searches, enquiries and investigations in relation to any listed vehicle including, any written off vehicle register or register of security interests (including the Personal Property Securities Register or otherwise);
    iii. Fastlane Network 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;
    iv. Fastlane 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.

(b) Fastlane may augment information supplied by sellers. This information is supplied by third parties and in the case of motor vehicles is based on model and year. Whilst Fastlane requests sellers check this information, it may be possible for information to be inaccurate. Fastlane strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.

5. Fastlane's Liability to You is Limited

(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by Fastlane are HEREBY EXCLUDED.

(b) To the full extent permitted by the law, Fastlane will only be liable to you:
    i. pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of Fastlane is limited, at Fastlane’s option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply;
    ii. subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Fastlane.

(c) Subject to subclause 6(b), and except to the extent that liability cannot be excluded, Fastlane, will not be liable to you: for claims arising out of or in connection with your access and use of the Fastlane Network and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;

(d) To the full extent permitted by law, Fastlane will not be liable to you 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.

(e) For the purposes of this section, the term Fastlane will mean Fastlane Finance Pty Ltd, its officers, employees, contractors and agents, whether individually or collectively.

(f) These terms and conditions will survive the expiration or termination of this agreement.

6. Copyright, Trademarks and Licence

(a) Material on the Fastlane Network is © fastlanefinance.com.au Fastlane Finance Pty Ltd and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by Fastlane. Unless otherwise indicated on the Fastlane Network, the material on the Fastlane Network is owned by or licensed to Fastlane and is subject to copyright (the "Copyright Material").

(b)You may:
    i. only copy or reproduce the Copyright Material for the purpose of browsing the Fastlane Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
    ii. not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

(c) Fastlanefinance.com.au and other names of Fastlane product and/or services referenced herein are trademarks or registered trademarks of Fastlanefinance.com.au Fastlane Finance Pty Ltd. Other product and company names mentioned on the Fastlane Network may be the trademarks of their respective owners. Nothing displayed on the Fastlane Network should be construed as granting you any intellectual property rights including the right to use any trademark, without Fastlane’s (or the relevant owner’s, if applicable) express written consent.

(d) In consideration of Fastlane allowing you to access and use the Fastlane Network you grant to Fastlane a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as Fastlane determines from time to time (subject to the Fastlane Privacy Policy). You warrant that: you have all necessary rights in the content that you contribute, the content is not defamatory, that it does not infringe any law and you indemnify Fastlane, its officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty. You waive any moral rights you may have in relation to the material.

7. Communications Services

(a) Fastlane may provide you with the ability to communicate with Fastlane, the Fastlane Network, Sellers, advertisers and users of the Fastlane Network through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).

(b) You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by Fastlane. You should not however, consider Communication Services to have been reviewed, screened, or approved by Fastlane.

(c) Use of the Communications Services is provided on condition that You do not do any of the following:
    i. transmit any information or material which is knowingly incorrect, misleading or deceptive;
    ii. transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any material otherwise deemed by Fastlane to be threatening, hurtful or otherwise inappropriate;
    iii. transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
    iv. use the Communications Services for any unlawful purpose;
    v. post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights.
    vi. 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 Fastlane Network’s infrastructure;
    vii. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
    viii. advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Fastlane.
    ix. 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.
    x. excessively use the Communications Services in a manner which may hinder or prevent Fastlane from providing services to any other persons or which may threaten the integrity or use by any person of the Fastlane Network;
    xi. authorise, aid, abet encourage or incite any person to do any of the above acts.

(d) Fastlane may, but has no obligation to, review the use of the Communications 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 Communications Services. Fastlane may also suspend or terminate the use of any person determined by Fastlane to be in breach of this provision.

8. Software Services

(a) Any software, including HTML code and ActiveX controls, that is made available to download from the Fastlane Network ("Software") is owned by Fastlane and/or its suppliers.

(b) 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.

(c) If there is no License Agreement, Fastlane grants you a personal, non-transferable license to use the Software for viewing and otherwise using the Fastlane Network in accordance with these terms and conditions, and for no other purpose. You must not:
    i. copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
    ii. 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;
    iii. introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
    iv. sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

9. Redbook / Glass's Guide

(a) Automotive Data Services Pty Ltd (RedBook), Glass’s Information Services Pty Limited (Glass’s Guide) has prepared data and valuations from information gathered from a variety of sources that may be displayed on the Fastlane Network. Whilst all care is taken in producing the data and valuations, RedBook/Glass’s Guide does not and cannot guarantee or make any representations regarding the use of, or reliance, on it. RedBook/Glass’s Guide is not responsible for all the information provided to it and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information.

(b) RedBook/Glass's Guide is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, this valuation and data.

10. Fastlane and Your Privacy

By using the Fastlane Network, you agree to the Fastlane Privacy Policy which sets out how Fastlane collects, uses and discloses your personal information.

11. Specific Terms

Email to a friend, SMS, Email Brochure: allows you to email or sms another person or : you warrant that the person to whom the email or sms is addressed has consented to the email or sms being sent; and indemnify Fastlane, its officers, representatives, employees, contractors, 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, sms or any contravention of the SPAM Act 2003.

12. Fastlane May Change These Terms and Conditions

(a) Fastlane may at any time and, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including such modifications or amendments in these terms of use and publishing them on the Fastlane Network. Such modifications will be binding on you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.

(b) Fastlane may cease to provide you with access to the Fastlane Network or any of its services without notice.

(c) All rights not expressly granted are reserved.

13. What You Must Do

You must:
1. be 18 years or over and comply with the terms and conditions set out in this Agreement;
2. provide all information for Your Ad (including any photographs) in the form required by Fastlane from time to time;
3. describe the advertised Item accurately;
4. comply with any relevant Fastlane advertising policy;
5. if You are not the owner of any materials (for example, images or written descriptions of items) which You wish to include in Your Ad, obtain written permission from the owner of those materials to include them in Your Ad (and to grant Fastlane the licence contained in clause 6 of these Advertising Terms and Conditions) before submitting the Ad to Fastlane for publication;
6. if requested, provide Fastlane with proof of ownership of an Item, proof that an Item is in Australia or has been cleared by customs;
7. Notify Fastlane by sending an email to info@fastlanefinance, to remove Your Ad if the advertised Item is:
    i. sold; or
    ii. withdrawn by You from sale.

14. What You Must Not Do

1. You must not offer for sale any Item:
    i. not located in Australia;
    ii. that is not immediately available for sale - such as an Item which you seek to auction or rent or an Item subject to syndication;
    iii. that is not accurately described by the category in which it is advertised, for example only motor vehicles may be advertised in cars for sale and only marine vehicles (and not, for example, marina berths or marine accessories) may be advertised in boats for sale;
    iv. that You are not the owner of; or
    v. in all other cases, which You do not have the right to sell.
2. You must not submit an Ad which:
    i. includes an offer of or referral to any services, for example finance;
    ii. does not comply with all relevant laws;
    iii. infringes the intellectual property rights of any person including any company or organisation;
    iv. is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
    v. is misleading or deceptive or likely to mislead or deceive (for example by including photos or text in Your Ad that do not match the Item or by listing the Item at a lower price than you would be willing to sell the Item to solicit increased enquiries or for other purposes);
    vi. comprise anything which may adversely reflect on Fastlane or any website on which Your Ad is published; or
    vii. include references or links to other websites or HTML enhancement text;
    viii. offers more than one primary Item (such as a motor vehicle, boat or caravan) in a single Ad; or
    ix. includes your personal contact details (landline number, mobile number and/or email address) in any comments section of the Ad.
3. You must not alter or amend an Ad to describe or offer an Item that is different to the Item originally published.
4. You must not submit any international contact numbers

15. Requirements for photographs included in Ads

Photographs submitted with Ads for publication must:

1. be current photographs of the actual Item for sale, such that the Item is shown in the same condition as it is anticipated that it will be delivered to the buyer;
2. if the Item is registered (such as a registered motor vehicle) include at least one image in which the registration is clearly visible;
3. not include any images of people;
4. not be digitally altered;
5. not contain any watermarks; and
6. be in jpeg or png format

16. Publication of Ads

1. Fastlane is not bound to publish Your Ad until accepted by Fastlane. Your Ad is accepted when Fastlane publishes Your Ad.
2. If Your Ad is in breach of clause 14.2, or otherwise contains content that Fastlane deems inappropriate to include in an Ad, Fastlane may refuse to publish Your Ad or remove any unauthorised content from the Ad before publication.
3. If accepted, Fastlane will publish Your Ad as set out in the Application on the terms and conditions of this Agreement and with any amendments required by or authorised by these Terms and Conditions.
4. Fastlane’s acceptance of Your Ad does not create any relationship of agency between You and Fastlane.
5. You accept and acknowledge that Fastlane’s acceptance of Your Ad does not provide any representation, warranty or guarantee that your Item will be sold through Fastlane or any of its Services.
6. Fastlane may republish Your Ad on such other websites, search engines, applications and print or other media as Fastlane determines from time to time in its absolute discretion.
7. You acknowledge and agree that while every endeavour will be made to publish Your Ad as submitted, Fastlane will not be liable for any error, omission or failure to publish Your Ad in the form ordered, including acts or omissions of Fastlane, its employees or agents.
8. Fastlane may refuse to publish, withdraw or terminate the publication of Your Ad (or any part of Your Ad) if:
    i. Fastlane determines, in its absolute opinion without notice, You are not entitled to place the Ad (for example, because You are not a private advertiser or You do not own the Item); or
    ii. You breach this Agreement; or
    iii. Fastlane determines, in its absolute discretion without notice, that such refusal, withdrawal or termination is appropriate. 9. Despite anything in this Agreement, Fastlane has absolute editorial control in relation to the publication of Your Ad, including, but not limited to the format, position and placement of Your Ad.
10. Fastlane may in its absolute discretion add to, edit or remove information within Your Ad including without limitation the Vehicle Identification Number (VIN) and/or registration number.
11. Third party offers to republish Your Ad in print or other media are subject to separate terms and conditions. Fastlane will not be responsible for third party terms and conditions, any services provided by the third party or resolving any dispute between You and any third party.

17. Cancellation and Withdrawal of Ads

1. Once Your Application is submitted to Fastlane it cannot be cancelled

18. Intellectual Property Rights

You hereby grant to Fastlane in respect of all copyright materials included in Your Ad or materials otherwise submitted by You to Fastlane, a perpetual, royalty free and irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilise in any manner those materials.

Contact Fastlane

1705 Albany Hwy, Kenwick WA 6107

Phone: (08) 6165 2200

Email: lucas@motorcorp.com.au

FAST LANE FINANCE PTY LTD

ABN: 45 169 504 698

ACN: 169 504 698

ACL: 463 804