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User Agreement
Between

AUSTRALIAN WHOLESALE DEALER NETWORK PTY LIMITED (ACN:124 827 416) (“AWDN”), 125 Victoria Road, Rozelle NSW 2039;

And of

("User")

FACTS
  1. AWDN is a licensed Motor Vehicle Consultant;

  2. AWDN was formed to help Car Dealers and Wholesalers reduce the cost of their businesses.

  3. AWDN’s Website, being www.awdn.com.au (hereinafter referred to as “the Website”) is not available to the public. AWDN’s Website allows users of the website to register their contact details on the Website, advertise the sale of Motor Vehicles on the Website and / or allows Users to register bids to purchase Motor Vehicles that are displayed on the Website with the intention of such users purchasing such motor vehicles.

  4. The Parties wish to enter into this Agreement to document their respective rights and obligations in relation to the users registration and use of the Website.

  5. The User agrees to register as a member to the Website and AWDN agrees to accept the User’s registration as User of the Website on the Terms and Conditions hereinafter set out.

IT IS AGREED:
  1. GENERAL
    • 1.1 Terms and Conditions
      1. The meaning of defined terms used throughout this User Agreement are contained in Clause 20 of this User Agreement;

      2. The terms and conditions contained in this User Agreement set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. There are important conditions for the use of the Service. If you breach any of these conditions, we at our reasonable discretion, may decide not to allow you to participate in the Service or if necessary, claim damages against you.

      3. We may amend this User Agreement from time to time by posting new terms and conditions on the Website. These amendments will take effect seven (7) days after changes have been posted on the Website. You should review this User Agreement from time to time for any amendments. These terms and conditions are effective as at 15 February, 2008. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service, following any amendments to this User Agreement will constitute your acceptance of the Service for Auctions.

      4. You undertake to familiarise yourself and comply with the Policies relevant to your use of our Website and Services provided under this Agreement (as may be amended from time to time)


    • 1.2 Use of the Service for Auctions
      1. The Service is provided to you personally. When using the Service, you must not resell access to the Service to another person, without our prior written consent.

      2. If a Government Department, Government Agency or Law Enforcement Agency informs us that there is any information on the Website which is in contravention of, or may contravene, any Law Industry Code of Practice, Policy Guideline or Regulation, we can remove that information from the Website.

      3. Without limiting any other remedies available to us, we may suspend or terminate your registration as a member / use of this Website if we reasonably suspect you have engaged in fraudulent activity in connection with the Website.


  2. REGISTRATION
    • 2.1 Registering for Use
      1. You must register your details with us to use the Service (“your Account”). Registration is free and does not oblige you to purchase / sell anything.

      2. You agree that you will not, in registering for and using the Service, use a false or misleading name or give false or misleading information and notwithstanding which, if you are registering to purchase a Motor Vehicle, your obligation to purchase as a Winning Bidder shall not be abrogated by reason of the provisions by you of any false or misleading information. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected Winning Bidder’s emails and misplaced deliveries) as may occur because you have not provided us with complete and accurate information.

      3. When you submit an application to AWDN to be registered as a member for the Service, you must choose your username. If your application is approved by AWDN, a password will be forwarded to you by AWDN to enable you to utilise the Service and the Website and in doing so you agree to be bound by the terms and conditions of this Agreement. You must have a valid username (or “login”) and password before you can bid on items on the Website. You are responsible for the security of your username and password. You authorise us to assume that anyone using your username and password is you or someone authorised by you. Unauthorised access and use of your details will, under no circumstances, negate your liability for any bids made on the Website or any obligation to purchase a Motor Vehicle which may result from such use. You must notify us immediately if you become aware of any unauthorised use of the username or password or any other security breach.

      4. We will use your personal data strictly in accordance with the Privacy Statement. We will not sell your personal information to other mailing lists.

      5. You may request that your Account be closed by contacting our AWDN Help Centre with a closure request. You may not close your account while you are the highest bidder on an Auction. When you are no longer the highest bidder, or when the auction closes, you may request that your account be closed.

      6. AWDN may close your account at any time if you have breached the terms and conditions of this Agreement and any of AWDN’s Policies, or at our reasonable discretion.


    • 2.2 Eligibility To Participate
      1. You must be able to form legally binding contracts to use the Service. This means that if you are legally prohibited from entering into binding contracts, you must not use the Service.

      2. You must be a licensed Wholesaler or Motor Dealer to use the Service.

      3. Your membership is not transferable.


    • 2.3 Your Information
      1. Your information includes any information you provide to us during the Registration, Auction bidding process, your bidding activities at an Auction and information regarding the sale of a Motor Vehicle (if are selling the Motor Vehicle) as described on the Car Detail Page (“Your Information”).

      2. You are solely responsible for your information. However we may deal with your information if we deem it necessary or appropriate. For example, if we believe your information may create any liability for us. However, in dealing with your information we will always act reasonably.

      3. You must ensure that your information is up-to-date, kept up-to-date and is:
        1. True, accurate and complete;

        2. Not fraudulent or misleading;

        3. Does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

        4. Does not violate any laws, statute, ordinate, or regulation;

        5. Not defamatory, libellous, unlawfully threatening or unlawfully harassing;

        6. Not obscene or contains pornography;

        7. Does not contain any virus, Trojan horses, worms, time bombs, cancel bots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

        8. Not too imposing and unreasonable or a disproportionately large load on our infrastructure.

      4. Furthermore, you may not do anything involving the Service which:
        1. may violate or cause us to violate any applicable law, statute, ordinance or regulation, or

        2. is expressly prohibited by these terms and conditions.


  3. AWDN IS NOT AN AUCTIONEER
    • 3.1 Auctions
      1. AWDN is not a traditional “Auctioneer”. Instead, AWDN’s website merely acts as an online venue to allow members to communicate an Offer, and sell, and buy Motor Vehicles at any time and from anywhere.

      2. AWDN shall endeavour to deregister Users and / or Members of the Service / Website if such Users / Members do not comply with the terms and conditions of the Service, User Agreement and AWDN’s Policies and in such circumstances, AWDN shall refund to the Vendor or Purchaser any fees paid by the Vendor or Purchaser to AWDN (providing that such party has not been deregistered).

      3. AWDN shall refund to you, AWDN’s fee on any transaction taking place on the Website, that is not completed (ie if the Vendor does not deliver possession or transfer ownership of the Motor Vehicle to the User and / or the Bidder / Purchaser fails to pay the Winners Bid Amount to the Vendor, AWDN shall not charge the Vendor and / or Purchaser any fee in respect to such Transaction).

      4. You acknowledge and agree that AWDN is not involved in the actual transaction between Vendors and Bidders / Purchasers. As a result, AWDN has no control over the quality, safety or legality of Motor Vehicles posted for sale by members on our Website, the truth or accuracy of listings, the ability of Vendors to sell Motor Vehicles or the ability of Bidders / Purchasers to buy Motor Vehicles. We cannot ensure and do not guarantee that a member of our Website will actually complete a transaction or act lawfully in using our Website.

      5. When you enter into a transaction you create a legally binding contract with another Member. You are responsible for ensuring that you comply with your obligations to that other Member. If you do not, you may become liable to him, her or it. You must ensure that you are aware of any laws relevant to you as a Buyer or Seller, or in any other uses you make of our Website. If another Member breaches any obligation to you, you and not AWDN are responsible for enforcing any rights that you might have against such Member.

      6. Except as specifically advised otherwise on our Website, AWDN does not offer any form of insurance or other Buyer or Seller protection which will assist you, because our Website merely provides the online venue for our Members to offer, sell and buy and we are not otherwise involved in the transactions and interactions between Vendors and Bidders / Purchasers.

    • 3.2 Release
      1. AWDN is not involved in the actual transaction between Vendors and Bidders / Purchasers and to the extent permitted by law, AWDN specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in anyway connected with your transaction.

      2. AWDN is not involved with a party to any transaction that takes place between Members. AWDN does not accept any liability in respect of your involvement in any Mediation, Arbitration, Tribunal Hearing, Court Proceedings or other Proceedings (of whatever nature) with a Vendor or a Bidder / Purchaser (as the case may be) in any way arising out of or in anyway connected with your transaction. AWDN may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against AWDN for any matter arising out any AWDN transaction on the Website or otherwise in respect of this Agreement. This Clause 3.2 does not affect any rights you may lawfully have against AWDN itself for its own acts or omissions.


    • 3.3 Information Control
      1. We send you communications and notices regarding your transactions and your account on our Website. They do not represent any endorsement, guarantee, or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying will all relevant legal obligations). Other Members sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you.


  4. BIDDING AND BUYING
    • 4.1 By bidding on a Motor Vehicle, you agree with the Vendor to be bound by the conditions of sale included in the Motor Vehicle’s description, subject to any exceptions set out here, such as where the conditions of sale are in breach of this Agreement or unlawful.

      4.2 You cannot retract or withdraw a bid after the bid has been made on the Website by you.

      4.3 All bids made on the Website are valid until they expire in accordance with the clock on the top right hand side of the Car Detail Page for such Motor Vehicle for which the bid was placed.

      4.4 Subject to AWDN’s right to temporarily suspend, indefinitely suspend or terminate your registration / membership within the terms of this Agreement or any of its Policies, if you do not complete a transaction without lawful excuse, you may be in breach of your obligations to both AWDN and the Vendor and you may be liable to each.

      4.5 AWDN shall endeavour to keep inventories in respect to all Motor Vehicles listed for sale on the Website and / or bids as up-to-date as is practicably possible.



  5. LISTING AND SELLING
    • 5.1 Listing Description
      1. You must be legally able to sell any Motor Vehicle you list for sale on our Website.

      2. You must describe your Motor Vehicle fully and accurately and include all terms of sale on the Car Detail Page of our Website.

      3. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that Motor Vehicle, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work or work that you are legally entitled to do.

    • 5.2 Binding Bids
      1. If you are a Vendor and receive at least one bid at or above your stated minimum price, you are obligated to complete the transaction with that bidder unless there is an exceptional circumstance.

    • 5.3 Fraud
      1. Without limiting any other remedies available to AWDN in law, in equity or under this Agreement, AWDN may, in its sole discretion, suspend or terminate your membership if we reasonably expect or believe, or are informed by a government authority, that you, by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion have engaged or may engage in fraudulent activity, using or otherwise in connection with your use of our Website, and you will have no claim whatsoever against AWDN in respect of any such suspension or termination of your membership.

    • 5.4 Infringement of Rights
      1. You must not, by any means, infringe the rights of others. Examples of prohibited conduct include listing or selling “knock offs” and counterfeit or stolen items regardless of how you describe them.

    • 5.5 Manipulation
      1. Neither you, nor any other Purchasers or Vendors may manipulate the price of any Motor Vehicle, by, for example conducting, encouraging or committing certain activities (for example, shill bidding). You also must not, in any way, interfere with the listings of other members.


  6. CONCLUSION OF AUCTIONS ON THE WEBSITE
    • 6.1 The Auction closes at the end of the time period specified for that Auction.

      6.2 When an auction in which you have been participating closes and you are the Winning Bidder, we will notify you by email. This notice will include:
      1. Notification that you are the Winning Bidder and of the amount of your Winning Bid;

      2. The Motor Vehicle description and Registration Number;

      6.3 We provide this notice out of courtesy and as a reminder to you. Due to problems beyond our control, you may not receive this email, however, you are solely responsible for monitoring the status of any auction on the Website in which you participate and non-receipt of a Winning Bidder (or any other) email from us shall not abrogate or release you from your obligation to complete the sale and purchase of the Motor Vehicle.

      6.4 Additionally, you are responsible for completing your obligations with respect to the purchase after the Auction has closed.

      6.5 If you are a Winning Bidder for a Motor Bidder listed on the Website, you are contractually obliged to complete the transaction and purchase that Motor Vehicle.

      6.6 You acknowledge that:
      1. Unless otherwise stated, all prices are quoted in Australian Dollars.

      2. You must pay for goods and services, including delivery costs and any other fees outlined in this Agreement, in Australian Dollars, unless otherwise specified.

      3. Processing and technical errors
        1. In the event of errors in processing and / or Website downtime or any other errors or delays caused to the Website and / or Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we hereby reserve the right to:
          1. Decide (prior to or after the original time set for conclusion of the Auction) to extend an Auction for a period of time, determined at our discretion and / or;

          2. Decide (prior to or after the original time set for conclusion of the Auction) to reopen an Auction for a period of time – to be determined at our discretion; and / or

          3. Retract any Winning Bidders emails which may have been sent out to the Bidders prior to or following (as the case may be) the conclusion of an Auction; and / or

          4. Amend at any time prior to or during an Auction, the “start price” allocated to a Motor Vehicle for sale on line, but only so as to correct any errors due to processing or technological fault; and / or

          5. Void that entire Auction transaction and open the Auction again at the original start prices.


  7. PAYMENT
    • 7.1 AWDN shall not charge you any maintenance, listing or hosting fees for the Website.

      7.2 AWDN will only charge you when a transaction listed on the Website is completed in accordance with the terms and conditions on the Website. On completion of a transaction, AWDN shall forward to you a Tax Invoice for its fees in the sum of $75 plus GST which is due and payable by you to the AWDN within 14 days of the date of the Tax Invoice.

      7.3 You agree that payment for any transaction is to be made by either bank cheque from the Winning Bidder to the Vendor or by electronic funds transfer from the Winning Bidder to the bank account nominated by the Vendor unless otherwise agreed between the Winning Bidder and the Vendor in writing.

      7.4 AWDN shall refund to you any monies you have paid to AWDN in respect to any transaction that is not completed (ie the transaction does not result in the delivery of possession of the Motor Vehicle and / or transfer of ownership of the Motor Vehicle to the Winning Bidder and / or the Vendor has not received cleared monies from the Winning Bidder pursuant to the transaction).

      7.5 If you are the Vendor, you agree to pay the return transport costs when a Motor Vehicle is delivered to a Winning Bidder in circumstances where such Motor Vehicle is not as described on the Car Detail Page registered on the Website.


  8. OUR RIGHTS
    • 8.1 Suspension From Use of Service
      1. We may refuse you the right to use the Service if you:
        1. Are successful at an Auction and do not pay for the Motor Vehicle, the subject of the Auction and / or refuse delivery of the Motor Vehicle;

        2. Give information which is untrue, inaccurate or incomplete; or

        3. If we become aware that you have engaged in any form of bid manipulation, you will be permanently suspended from the Service, including all associated secondary and re-registered membership accounts.

      2. We may suspend, cancel or terminate your access to the service if you breach or fail to observe these terms and conditions or for any other reason at our discretion. However, we will not exercise our discretion unreasonably.

      3. If we suspend your access to the Service, you may not register again.

    • 8.2 Our Rights upon Breach by You
      1. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration account on any of your current Auctions, and any other information you place on the Website if you breach this Agreement or if we are unable to verify any information you provide to us.


  9. BREACH
    • 9.1 Without limiting other remedies available to AWDN at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably), having regarding regard to the circumstances, delay listing your Motor Vehicle, issue you a warning, restrict your activities through our Website (including but not limited to buying and selling), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our Services to you if:
      1. You have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way;

      2. We are unable to verify or authenticate any information you provide to us; and

      3. We believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our Members, third parties or us, our related bodies corporate or affiliates, our Directors, employees or agents.

    • 9.2 For security, confidentiality and privacy reasons, we are not obligated to provide you or other Members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account, other than those that are already provided to you by us.


  10. PRIVACY
    • 10.1 AWDN has a Privacy Policy which applies to all members and forms part of this Agreement.


  11. NO WARRANTY
    • 11.1 We provide our Website and Services on an “as is” basis, and without any warranty or condition, express or implied. To the extend permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement unless we are required to provide such warranties under applicable law. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable Trade Practices or Fair Trading Legislation in Australia. If you are considered a consumer under an Australian Consumer Protection Law that applies to AWDN, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your State Fair Trading Agency. Furthermore, we do not guarantee continuous, uninterrupted or secure access to our Services, and operation of our Website may be interfered with by numerous factors outside our control. To the extent that such factors are outside our control, AWDN shall not be liable.

    • 11.2 AWDN makes no representation as to the title, condition or description of any Motor Vehicle listed for sale on the Website.

    • 11.3 AWDN makes no representation as to a Vendor’s legal entitlement to sell any Motor Vehicle listed for sale on the Website.

    • 11.4 To the extent that AWDN and all related entities of AWDN are able to limit the remedies available under this Agreement and subject to Clause 12, AWDN and all related entities of AWDN expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to any one or more of the following remedies (the choice of which is to be at AWDN’s sole discretion);
      1. The replacement of the goods or the supply of equivalent goods;

      2. The repair of the goods;

      3. The payment of the cost of replacing the goods or of acquiring equivalent goods; or

      4. The payment of the costs of having the goods repaired.


  12. LIABILTIY LIMIT
    • 12.1 To the extent permitted by law, in no event shall we, our affiliates or related entities be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Website, our Services, or this Agreement (howsoever arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that AWDN and all affiliates and all related entities of AWDN have no responsibility for the legality of our Member’s actions. To the extent permitted by law, and subject to any contrary requirements arising under any applicable law, our liability and the liability of our related bodies corporate or affiliates to you or any third parties in any circumstances is limited to AUD $75 plus GST.

    • 12.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of AWDN and its affiliates and related entities where and to the extent that applicable laws prohibits such exclusional limitation including those within the Trade Practices Act 1974 (Cth) and relevant State Fair Trading Legislation. For example, if AWDN is found by Judgment of a Court of Competent Jurisdiction to have breached a warranty or condition implied by law, and you are considered a consumer for the purpose of that law, then the limitation of liability in Clause 12.1 will not apply to you. For more information on Consumer Protection Laws, please visit www.accc.gov.au or the website of your State Fair Trading Agency, or consult with a Legal Practitioner.


  13. INDEMNITY
    • 13.1 You agree to indemnify and hold us and (as applicable) our related entities, affiliates and their respective Officers, Directors, Agents and Employees harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.


  14. LEGAL COMPLIANCE
    • 14.1 In additional to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase and sale of Motor Vehicles. In particular, you must ensure that your activities, Motor Vehicles you list (which is part of Your Information), and the balance of Your Information do not violate the Trade Practices Act 1974 (Cth) and other relevant State based Fair Trading Legislation.

    • 14.2 Notwithstanding successful conclusion of a transaction, you must ensure strict compliance with any particular formalities, which, if not complied with, will either render a transaction void or unlawful. You alone and not AWDN are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our Website are lawful. You must ensure that you comply with all applicable laws in Australia and any other Country. You must also ensure that you strictly comply with this Agreement and the Policies that form this Agreement.


  15. NO AGENCY
    • 15.1 No agency, partnership, joint venture, employee / employer, franchisor / franchisee or other similar relationship is intended to be or is created by this Agreement. In particular, you have no authority to bind AWDN, its related entities or affiliates in any way whatsoever.


  16. NOTICES
    • 16.1 Except as stated otherwise, any Notices must be given by registered ordinary post (or if posted to or from a place outside of Australia by registered airmail) or by facsimile transmission to AWDN at125 Victoria Road, Rozelle NSW 2039, fax number: 9255 7492 (in the case of AWDN) or to the email address you provide to AWDN during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to AWDN during the registration process, or as updated by you as relevant. Any notice shall be deemed given:
      1. If sent by email, 24 hours after email is sent, unless the sending party is notified that the email is invalid.

      2. If sent by prepaid post, three (3) Business Days after the date of posting, and on the seventh (7th) Business Day if sent to or posted from outside Australia, and

      3. If sent by facsimile transaction, on the Business Day the Transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission).


  17. MEDIATION AND DISPUTE RESOLUTION
    • 17.1 We encourage you to try and resolve disputes with other Members directly with them, to use the certified Mediation (such as dispute resolution processes or by an Arbitration Entity or to report disputes to your local Police or Law Enforcement Agency as appropriate).

    • 17.2 Any controversy or claim arising our of, or in connection with, this Agreement between AWDN and you may be settled by independent, confidential Mediation by reference to a Commercial Dispute Centre, at either party’s election. You and AWDN agree to be bound by the outcome of such Mediation. Each party will bear its own costs (and split equally any joint costs) of mediating the dispute.


  18. IMPORTANT TERMS
    • 18.1 All policies (as may be amended from time to time) are incorporated into this Agreement by reference. You must read and agree to these documents prior to becoming, and as a condition of your remaining, a Member of AWDN, and you agree to be bound.


  19. GENERAL
    • 19.1 The Website and its associated services set out in this Agreement are offered by Australian Wholesale Dealer Network located at 125 Victoria Road, Rozelle, NSW, 2039.

    • 19.2 Validity and Interpretation of this Agreement will be governed by the law of the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the Courts in the State of New South Wales in respect to any dispute that arises in connection with this Agreement.

    • 19.3 This Agreement contains the entire understanding between the parties in relation to its subject matter. There are no express or implied conditions, warranties, promises, representations or obligations written or oral, in relation to this Agreement other than those expressly stated in it or necessarily implied by law.

    • 19.4 If any provision of this Agreement is invalid, void or unenforceable, all other provisions which are capable of separate enforcement without regard to invalid, void or unenforceable provision are and will continue to be of full force and effect.

    • 19.5 This Agreement may not be varied except by written instrument executed by the parties.

    • 19.6 No party may assign or otherwise transfer the benefit of this Agreement without the prior written consent or the other party or parties.

    • 19.7 References to Clauses, Sub-Clauses, Paragraphs, Annexures or Schedules are references to Clauses, Sub-Clauses, Paragraphs, Annexures or Schedules of or to this Agreement;

    • 19.8 Headings in this Agreement are for convenience only and do not effect its interpretation or construction.

    • 19.9 In this Agreement, unless the context otherwise requires:
      1. The singular includes the plural and vice versa;

      2. Each gender includes the other two genders;

      3. The word person means a natural person and any Association, Body or Entity, whether incorporated or not;

      4. The word month means calendar month and the word year means 12 calendar months.

      5. A reference to writing includes any communication sent by post or facsimile transmission.

      6. Where any word or phrase defined, any part of speech or other grammatical form of that word or phrase has a cognate meaning.


  20. DEFINITIONS AND INTERPRETATION
    • 20.1 In this Agreement, unless a contrary intention appears:
      • "Agreement" means this Agreement including any Schedules hereto as amended from time to time in writing, signed by the parties;

      • "Auction" means any Auction which takes place on the Website.

      • "Bidder" means any Member who places a bid on the Website in respect to any Motor Vehicle listed for sale on the Website.

      • "Business Day" means a day other than a Saturday, Sunday or Public Holiday in New South Wales;

      • "Car Detail Page" means the page appearing on the Website for each Motor Vehicle setting out details including approximate transport costs, the current offer, current bid, history, photograph(s), description and details of such Motor Vehicle including Stock Number, Year Model, Doors, Cylinders, Transmission, Fuel System, Colour, Registration Number, Body Style, Seats, Engine Capacity, Driven Wheels, Odometer and Vin.

      • "Member" means any person or entity that is registered to use the Service on the Website.

      • "Party" means AWDN or (name of user to be inserted) as the context dictates;

      • "Purchaser" means Winning Bidder.

      • "Policies" means all policies listed on the Website.

      • "Privacy Policy" means the Privacy Policy which is located on the website.

      • "Sale" means a User’s registered bid on the website to purchase a Motor Vehicle has been accepted by the Vendor of such Motor Vehicle in accordance with the terms and conditions set out in this Agreement;

      • "Service" means the Service provided by AWDN on its Website governed by these terms and conditions and any other conditions contained on the Website.

      • "Us / We" mean Australian Wholesale Dealer Network Pty Limited (ACN:124 827 416)

      • "Vendor" means the Member who has listed for sale on the Website a Motor Vehicle.

      • "Website" means www.awdn.com.au;

      • "Winners Bidder" means that bidder who has the highest bid at the conclusion of the Auction.

      • "Winners Bidding Amount" means:
        1. The amount of the highest bid; or

        2. Where two or more bids are for the same price, the bid that was placed first.

      • "You" means the User referred to on Page 1 of this Agreement.

Executed by Australian Wholesale Dealer Network (ACN: 124 827 416) by:


___________________________   ___________________________
Director   Secretary
 
___________________________   ___________________________
Name (BLOCK LETTERS)   Name (BLOCK LETTERS)