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duttondirect.com is owned and operated by DUTTON DIRECT PTY
LTD ABN 60 919 640 534.("Dutton Direct") Your access and use
of the duttondirect.com web site ("the Site") is subject to
the following terms conditions notices and disclaimers ("Terms
and Conditions"), and all applicable laws. By accessing and
using the Site and information contained on the Site, you accept,
without qualification, the Terms and Conditions.
Dutton Direct does not consign motor vehicles nor is it involved
in any part of the sale of the advertised vehicle.
Dutton Direct will confirm your display advertisement ("advertisement")
by an email reply, when you place your advertisement. Display
of your advertisement on the Site is subject to Dutton Direct
receiving payment on the day your advertisement is placed ("Commencement
Date").
Dutton Direct reserves the right to reject or cancel any advertising
at any time in its sole and absolute discretion (including at
any time after the Commencement Date) and without liability
to pay compensation to you. Your advertisement must not defame
any third party and must not be misleading or deceptive, unlawful
or anti-competitive in nature. Any failure by Dutton Direct
to publish any requested advertisement or to cancel an existing
advertisement will be deemed to constitute a rejection of the
offer for such advertisement, and does not otherwise entitle
you to any legal remedy whatsoever. A despatch notification
email will be sent by Dutton Direct to the email address specified
in your order on the day of despatch. Your nominated credit
card will be charged on the day of placing your advertisement
or on the next business day. If items become undeliverable your
nominated credit card will be refunded accordingly. In any event,
only if there is a fault on or by Dutton Direct in placement
of the advertisement on the Site will there be any refund made
by Dutton Direct to you.
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Advertising |
In order for an advertisement to be published on the Site, you
must: a) complete an online order form ("Order"), which Order
is agreed to be treated as an offer to advertise on the Site
subject to prior written acceptance by Dutton Direct b) provide
Dutton Direct with all relevant material for publication as
part of the advertisement including gif/jpeg files, instructions
for links to relevant websites and any design instructions and
c) pay the applicable advertising fee to Dutton Direct online
by your credit card or by providing Dutton Direct with an electronically
debited monthly payment from your nominated account. Upon such
payment you will receive from Dutton Direct confirmation of
acceptance of your advertisement and will also receive a receipted
tax invoice. All relevant promotional material for the advertisement
must be supplied to Dutton Direct by you in the manner and in
the format specified by Dutton Direct. Dutton Direct reserves
to itself the right to refuse to accept any advertisement without
giving any reason for that refusal. In no event will Dutton
Direct be liable for any loss, costs, damages, liability or
expenses resulting from any delay or error in any publication
of your advertisement by Dutton Direct. You acknowledge that
one to four (1 - 4) pieces of standard gif/jpeg media creative
may be used per vehicle unless otherwise agreed in writing by
Dutton Direct.
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Change and or Closer |
Dutton Direct reserves to itself the sole right to change the
design and content of any part of the Site including without
limitation any of the pages, forms, content and categories presented
on the Site from time to time without notice. If the required
changes are unacceptable to you then you may terminate your
contract with Dutton Direct by providing to Dutton Direct not
less than thirty (30) days prior notice in writing. Dutton Direct
may also close down the Site upon thirty (30) days prior notice
to you and in such event you shall have no legal claim upon
Dutton Direct whatsoever.
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Pricing and Payment |
Advertising on the Site
You must pay the applicable price listed on the web site for
your advertisement The amount shown as the "Grand Total" will
be charged to your nominated credit card. Upon confirmation
of acceptance of payment by your credit provider you will receive
an email from Dutton Direct confirming your advertisement.
* GST is included in the quoted price for your advertisement
price.
* Payment must be cleared before your advertisement is displayed
on the Site.
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Privacy Policy |
Personal information that you submit will be used only to process
your advertisement a. You may ask to receive information via
the duttondirect.com Newsletter, notifying you of the latest news
and important changes to the Site. Dutton Direct is not involved in the selling, trading
or alternative unauthorised use of personal information. Any
changes to Dutton Direct's information collection policies will
be posted on the Site from time to time. By using the Site,
you are consenting to the collection of information by Dutton
Direct which will be used for processing of your advertisement.
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Security Policy |
The Site uses a Secure Order Form
Dutton Direct will take all reasonable steps to ensure that
you can advertise with complete confidence online.
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Other Web Sites and Links |
Internet links that are outside of any control by Dutton Direct
do occur. Dutton Direct is not responsible for the content of
any site linked to or from the Site. Your linking to any other
site is entirely at your own risk. Subject to the non-excludable
statutory rights available to you, Dutton Direct disclaims all
warranties, express or implied as to the accuracy, validity,
legality or otherwise of any materials or information contained
on such sites. Any or all links are provided for convenience
only and their inclusion does not imply an endorsement of the
contents contained therein.
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Viruses |
Dutton Direct accepts no responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer
equipment or other property on account of your access to, use
of or browsing in the Site, or on your down loading of any materials,
data text, images, video or audio from the Site.
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Disclaimer |
The information on the Site is provided by Dutton Direct in
good faith. You expressly acknowledge and agree that use of
the Site is at your sole risk. Dutton Direct does not exclude
any condition or warranty that, by reason of the Trade Practices
Act, 1974 and similar State and Territory legislation or any
other relevant legislation may not be excluded, but Dutton Direct
does exclude all other conditions and warranties express or
implied by custom, common law or statute.
Dutton Direct does not consign motor vehicles nor is it involved
in any part of the sale process in respect of your advertised
vehicle. Dutton Direct will not be held responsible for any
loss, costs, damages, liability or expense whatsoever including
but not limited to consequential, indirect, incidental, or special
damages, damages for loss of profits, business interruption,
loss of or unauthorised access to information, and the like,
even if Dutton Direct has been advised of the possibility of
such damages.
Dutton Direct accepts no responsibility for the content of any
site linked to or from the Site. Your linking to any other site
is entirely at your own risk. Dutton Direct may provide links
on the Site to other sites, however the inclusion of such links
is for your convenience only and should not be considered to
be an endorsement by Dutton Direct of the owner of other sites
or the contents of the other sites. You are referred to the
relevant site for all information regarding that site and its
products and or services.
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Copyright |
All intellectual property rights of whatsoever nature including
without limitation rights relating to copyright and trade marks
in the content of the Site is the sole property of Dutton Direct,
unless expressly indicated otherwise.
Save as provided below, reproduction of part or all of the content
of the Site in any form is prohibited.
You may download to a local hard disk or print extracts from
the Site only for your personal non-commercial use. You may
recopy extracts to individual third parties for their personal
non-commercial information only provided that you acknowledge
Dutton Direct's copyright within the copy of the extract.
Unauthorised recording of such materials may be contrary to
applicable copyright laws. All information contained on the
Site is protected by copyright unless otherwise noted and may
not be used except as permitted in these Terms and Conditions
or in the text on the Site.
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Information Provided to Dutton Direct |
You acknowledge and agree to the disclosure by Dutton Direct
of your identity or other information provided by you to Dutton
Direct to any law enforcement agency in any jurisdiction that
is investigating any breach or suspected breach of any law in
any jurisdiction, upon being requested to do so by that law
enforcement agency.
You agree to provide complete and accurate personal details
when placing any advertisement on the Site. ("Your Information").
When you provide Your Information you are representing and warranting
that all of the information provided is accurate and true and
you agree to indemnify and hold harmless Dutton Direct for any
damages, losses, costs, or expenses that Dutton Direct may suffer
if any of Your Information is incorrect or untrue.
You also agree to indemnify and hold harmless Dutton Direct
for any damages, losses, costs, or expenses that Dutton Direct
may suffer if you breach any of the Terms and Conditions.
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Registration and Password |
You are responsible to maintain the confidentiality of your
password and shall be responsible for all uses via your registration
and/or login, whether authorized or unauthorized by you. You
agree to immediately notify us of any unauthorized use or your
registration, user account or password.
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Refunds |
There will be no refunds in relation to vehicle advertisments
on line. Only at the point of malfunction from duttondirect.com
will there be a refund. I.E. if an advertisment is placed on
the site but for some reason is not displayed for a period of
time longer than 14hrs after payment has been recieved this
advetisment cost will be refunded in full to the advertiser.
We at duttondirect will then run the ad for free for the designated
time that they choose.
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Revised Terms and Conditions |
Dutton Direct may revise these Terms and Conditions by updating
the Site from time to time. Since you are bound by these Terms
and Conditions, you should therefore periodically visit this
page by clicking the hyperlink at the bottom of the page to
review the then current terms and conditions.
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Governing Law |
This Agreement is governed by the law of the State of Victoria
and you expressly submit to the exclusive jurisdiction of Courts
of that State.
If any provision of these Terms and Conditions are found to
be invalid or unenforceable by a Court of Law, such invalidity
or unenforceability will not affect the remainder of these Terms
and Conditions which will continue in full force and effect.
All rights not expressly granted herein are reserved.
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Disclaimer of Warranties |
You understand and agree that your use of this web site and any services
or content provided (the "Service") is made available and provided to you
at your own risk. It is provided to you "as is" and we expressly disclaim
all warranties of merchantability, fitness for particular purpose, and
non-infringement.
We make no warranty, implied or express, that any part of the service will
be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable
of any quality, nor that any content is safe in any manner for downloads.
You understand and agree that neither us nor any participants in the service
provides professional advice of any kind and that use of such advice or any
other information is solely at your own risk and without or liability of any kind.
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