Terms & Conditions

  1. What is the Effect of This Agreement
    This Agreement applies to:
    1. the publication by Solomon Carsales and/or its related bodies corporate (carsales) of the advertisement submitted by you, the person named and described in the online application (You);
    2. the administration of Your account with carsales; and
    3. the supply of any additional services (Services) by carsales to You.
  2. Placing an Advertisement
    In order to place an advertisement (Ad) for an item (Item) You must:
    1. be 18 years or over;
    2. set up a membership with carsales;
    3. be a private or commercially licensed motor vehicle dealer
      1. the item must be registered with the Department of Transport for more than 12 months
      2. You may not be considered a private advertiser by carsales if you advertise for sale more than 4 major items within any 12 month period;
  3. What You Must Do
    You must:
    1. 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 carsales from time to time;
    3. describe the advertised Item accurately;
    4. comply with any relevant carsales advertising policy;
    5. if requested, provide carsales with proof of ownership of an Item, proof that an Item is in Solomon Islands or has been cleared by customs;
    6. maintain the confidentiality of all Your email and password information required to access Your account and immediately change the password if it is lost, stolen or compromised in any way. You are responsible for all transactions entered into under Your email and password; and
    7. remove Your Ad if the advertised Item is:
      1. sold; or
      2. withdrawn by You from sale.
  4. What You Must Not Do
    1. You must not offer for sale any Item:
      1. not located in Solomon Islands;
      2. that is not immediately available for sale - such as an Item which you seek to auction or rent or an Item subject to syndication;
      3. that is not accurately described which it is advertised;
      4. that You are not the owner of; or
      5. in all other cases, which You do not have the right to sell.
    2. You must not submit an Ad which:
      1. includes an offer of or referral to any services, for example finance;
      2. does not comply with all relevant laws;
      3. infringes the intellectual property rights of any person including any company or organisation;
      4. is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
      5. 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);
      6. include references or links to other websites or HTML enhancement text;
      7. offers more than one primary Item in a single Ad; or
      8. 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.
  5. 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. 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. Publication of Ads
    1. carsales is not bound to publish Your Ad until accepted by carsales. Your Ad is accepted when carsales publishes Your Ad.
    2. If Your Ad is in breach of clause 4.b, or otherwise contains content that carsales deems inappropriate to include in an Ad, carsales may refuse to publish Your Ad or remove any unauthorised content from the Ad before publication.
    3. If accepted, carsales 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. carsales' acceptance of Your Ad does not create any relationship of agency between You and carsales.
    5. You accept and acknowledge that carsales' acceptance of Your Ad does not provide any representation, warranty or guarantee that your Item will be sold through carsales or any of its Services.
    6. carsales may republish Your Ad on such other websites, search engines, applications and print or other media as carsales 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, carsales will not (other than as set out in clause 14) be liable for any error, omission or failure to publish Your Ad in the form ordered, including acts or omissions of carsales, its employees or agents.
    8. carsales may refuse to publish, withdraw or terminate the publication of Your Ad (or any part of Your Ad) if:
      1. carsales 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
      2. You breach this Agreement; or
      3. Your Ad had reasonable amount of time of exposure; or
      4. carsales determines, in its absolute discretion without notice, that such refusal, withdrawal or termination is appropriate.
    9. Despite anything in this Agreement, carsales 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. Carsales 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. carsales 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.
  7. Cancellation and Withdrawal of Ads
    1. Once Your Application is submitted to carsales it cannot be cancelled.
    2. An Ad may be removed at any time after publication.
  8. Intellectual Property Rights

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

  9. Payment

    The service provided by carsales to you is free of charge.

  10. Your warranties to carsales
    You represent and warrant to carsales that:
    1. You are the owner of all Items included in Your Ad/s and You have the authority to sell those Items;
    2. You are entitled to publish the Ad and all materials contained in the Ad, including text and images;
    3. You have the authority to grant to carsales the licence contained in clause 8 of these Terms and Conditions;
    4. all contact and other details You have provided to carsales are accurate; and
    5. Your use of the carsales network will comply with the terms and conditions set out in this Agreement and any other requirements or directions issued by carsales from time to time.
  11. You Indemnify carsales
    You indemnify carsales against all actual or threatened loss, damage, actions, claims and / or demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against carsales arising out of:
    1. a breach of this Agreement (including a breach of any representation or warranty contained in this Agreement) by You;
    2. any wilful, unlawful or negligent act or omission by You;
    3. the publication by carsales or any other person of Your Ad;
    4. the sale or offering for sale of any Item.
  12. Carsales Liability to You is Limited
    1. Other than as set out in this clause 12, and to the full extent permitted by law, all guarantees and implied and express warranties in respect of any goods or services provided by carsales are HEREBY EXCLUDED.
    2. To the full extent permitted by law, carsales will only be liable to You:
      1. Pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of carsales is limited, at carsales’ 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; or
      2. Subject always to clause 14(c)(ii) if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by carsales.
    3. To the full extent permitted by law, carsales will not be liable to You:
      1. for claims arising out of or in connection with this Agreement or the publication of Your Ad whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and
      2. for loss of use, production, profit, revenue, business, data, contract or 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.
    4. For the purposes of clauses 13 and 14, the term carsales will mean carsales, its officers, employees, contractors and agents, whether individually or collectively.
    5. This clause will survive the expiration or termination of this agreement.
  13. General
    1. carsales may, in its absolute discretion, modify or amend this Agreement and such modifications or amendments will be binding upon You once displayed on this web site. You should regularly check these terms and conditions displayed on this web site.
    2. All rights not expressly granted are reserved.
    3. If any provision of this Agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will apply.
    4. Any delay or failure by carsales to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice carsales' rights in any way. No waiver by carsales will be effective unless it is in writing and signed by carsales.