Please see below our Terms and Conditions. There is an option for Hire and an option for Inspections.

Terms and Conditions –

ADVERTISING PLATFORM – TERMS AND CONDITIONS

PARTIES

(a) G.A Walker and R.A Walker Partnership ABN 95 157 786 685 trading as A Classic Cruize (“We”, “Our”, “Us” or “A Classic Cruize”).

(b) The advertiser, business, vehicle owner, driver or other person listed on the Online Advertising Form, email correspondence or otherwise agreed in writing (“You”, “Your” or “Advertiser”).

BACKGROUND

A. A Classic Cruize operates an advertising and promotional platform designed to showcase classic vehicles, automotive-related businesses, services and associated offerings to potential customers.

B. You wish to advertise Your vehicle, business, products or services through A Classic Cruize.

C. A Classic Cruize may agree to publish, display or promote Your advertising material through its website, social media platforms, promotional material or other advertising channels.

D. A Classic Cruize also provides a customer introduction service whereby customer requests may be forwarded to relevant vehicle owners, drivers or Advertisers for their consideration.

E. A Classic Cruize operates primarily as an advertising and promotional platform. It does not operate vehicles, provide transport services, determine the prices charged by owners/drivers or guarantee the performance of any job.

F. Where an owner/driver accepts a customer request, A Classic Cruize is entitled to receive a fixed Introduction Fee of AUD $50.00, collected on the owner/driver’s behalf and deducted from the amount otherwise payable to the owner/driver by the Customer.

G. By submitting an advertising request, accepting a customer introduction or engaging A Classic Cruize, You agree to be bound by these Terms and Conditions.

1. DEFINITIONS

In this Agreement:

1.1 “Agreement” means:

1.1.1 These Terms and Conditions;

1.1.2 The Online Advertising Form;

1.1.3 Any written advertising agreement or correspondence between You and Us; and

1.1.4 Any advertising confirmation or arrangement agreed between the parties.

1.2 “Advertisement” means any listing, photograph, video, description, promotional material, business information or other content supplied by You for publication or promotion.

1.3 “Advertising Fee” means the fee payable by You for advertising or promotional services as displayed on Our website or otherwise agreed between You and Us.

1.4 “Advertising Period” means the period during which Your Advertisement is displayed or promoted by Us, as agreed between the parties.

1.5 “Advertiser” means the person, business or entity engaging Our advertising services or making their vehicle, business, products or services available for promotion.

1.6 “Customer” means any person who views, responds to or makes contact with an Advertiser or submits a request through A Classic Cruize seeking a classic vehicle, driver or associated service.

1.7 “Loss” means any damage, loss, cost, charge, expense or liability, however arising, including legal costs and expenses.

1.8 “Online Advertising Form” means the online form located on Our website completed by You containing details of Your advertising request.

1.9 “Platform” means the A Classic Cruize website, social media accounts, online listings, promotional material and any other advertising channels operated or used by Us.

1.10 “Relevant Jurisdiction” means Queensland, Australia.

1.11 “Services” means the advertising, listing, promotional, marketing and customer introduction services described in Clause 3.

1.12 “Advertising Material” means all information, images, photographs, videos, logos, descriptions and other content provided by You for use in Your Advertisement.

1.13 “Introduction” means the referral or introduction of a potential Customer by A Classic Cruize to a vehicle owner, driver or Advertiser in response to a Customer request for a vehicle, driver or associated service.

1.14 “Introduction Fee” means the fixed fee of AUD $50.00 payable to A Classic Cruize for introducing a Customer to an owner, driver or Advertiser who agrees to undertake the requested Job.

1.15 “Job” means a proposed service, vehicle arrangement or other engagement requested by a Customer and accepted by an owner, driver or Advertiser.

1.16 “Owner/Driver” means the vehicle owner, driver or authorised Advertiser who receives a Customer request and independently decides whether to undertake the requested Job.

1.17 “Agreed Job Price” means the total price independently determined by the Owner/Driver and accepted by the Customer for the requested Job.

2. INTERPRETATION

In this Agreement:

2.1 A reference to:

2.1.1 One gender includes the others;

2.1.2 The singular includes the plural and vice versa;

2.1.3 A person includes their legal personal representatives, administrators, successors and permitted assigns;

2.1.4 A reference to a time is a reference to the time in the capital city of the Relevant Jurisdiction;

2.1.5 A day or month means a calendar day or calendar month;

2.1.6 Money, including “$”, “AUD” or “dollars”, means Australian currency; and

2.1.7 Any thing includes the whole and each part of it.

2.2 No party enters into this Agreement as agent for any other person except for the limited authority expressly granted to A Classic Cruize under Clause 9.7 for the collection of the Introduction Fee.

2.3 The meaning of general language is not restricted by any accompanying example.

2.4 Where a word or expression is given a particular meaning, other grammatical forms of that word or expression have a corresponding meaning.

2.5 Headings are for convenience only and do not affect the interpretation of this Agreement.

3. ADVERTISING AND CUSTOMER INTRODUCTION SERVICES

3.1 A Classic Cruize provides an advertising and promotional platform through which Advertisers may promote their classic vehicles, automotive-related businesses, products and services.

3.2 Subject to acceptance of Your advertising request and payment of the applicable Advertising Fee, We may:

3.2.1 Publish Your Advertisement on Our website;

3.2.2 Display Your vehicle, business or services in online advertising listings;

3.2.3 Promote Your Advertisement through Our social media platforms;

3.2.4 Display photographs, videos and descriptions supplied by You;

3.2.5 Provide contact details or links enabling potential Customers to contact You directly; and

3.2.6 Undertake other promotional activities as agreed between You and Us.

3.3 The specific advertising services provided will depend on the advertising package selected or otherwise agreed between the parties.

3.4 We reserve the right to determine the placement, format, presentation and manner in which Advertisements appear on Our Platform.

3.5 We do not guarantee any particular number of views, enquiries, leads, customer contacts, sales, bookings or commercial outcomes from an Advertisement.

3.6 A Classic Cruize may also receive Customer requests for classic vehicles, drivers or associated services and forward those requests to suitable Owners/Drivers for their consideration.

Customer Requests and Introductions

3.7 Where A Classic Cruize receives a Customer request:

3.7.1 We may forward the Customer’s request and relevant details to an appropriate Owner/Driver;

3.7.2 The Owner/Driver is responsible for reviewing the request and determining whether they wish to undertake the requested Job;

3.7.3 The Owner/Driver independently determines the price they are prepared to charge for undertaking the Job;

3.7.4 The Owner/Driver may accept or decline the request entirely at their own discretion;

3.7.5 A Classic Cruize does not determine, set, negotiate or guarantee the price charged by the Owner/Driver; and

3.7.6 No obligation arises for the Owner/Driver to undertake a Job unless they have agreed to do so.

3.8 Where the Owner/Driver accepts the Customer’s request at a price accepted by the Customer, the Introduction Fee provisions in Clause 5 apply.

3.9 If the Owner/Driver declines the Customer request, no Introduction Fee is payable in respect of that request.

3.10 All arrangements concerning an accepted Job, including the agreed price, dates, times, vehicle requirements, services and payment arrangements, are agreed directly between the Customer and the Owner/Driver.

3.11 A Classic Cruize does not:

3.11.1 Operate or manage vehicles advertised by Advertisers;

3.11.2 Provide vehicle hire, passenger transport or driving services on behalf of Advertisers;

3.11.3 Determine or negotiate the Agreed Job Price;

3.11.4 Guarantee the availability, suitability, condition or performance of any advertised vehicle or service;

3.11.5 Guarantee that an Owner/Driver will accept a Customer request; or

3.11.6 Guarantee that an accepted Job will ultimately proceed or be completed.

3.12 A Classic Cruize is not a party to the agreement between a Customer and an Owner/Driver concerning an accepted Job, except for its limited entitlement to collect the Introduction Fee as expressly provided in this Agreement.

4. ADVERTISEMENTS AND ADVERTISING CONTENT

4.1 You are responsible for providing accurate, current and complete information for Your Advertisement.

4.2 You warrant that:

4.2.1 You own or have permission to advertise the vehicle, business, products or services featured in Your Advertisement;

4.2.2 All information and representations supplied to Us are true and accurate;

4.2.3 All photographs, videos, logos and other Advertising Material supplied by You may lawfully be used by Us for advertising purposes;

4.2.4 You have obtained all necessary permissions, consents, registrations, licences and approvals relating to the advertised vehicle, business, products or services; and

4.2.5 Your Advertisement does not infringe the intellectual property, privacy or other legal rights of another person.

4.3 You must immediately notify Us of any changes to information contained in Your Advertisement, including changes to vehicle ownership, availability, condition, pricing, business details or services offered.

4.4 We reserve the right to edit, refuse, remove, suspend or amend any Advertisement that We consider:

4.4.1 Misleading, inaccurate or deceptive;

4.4.2 Offensive, inappropriate or unlawful;

4.4.3 In breach of these Terms and Conditions;

4.4.4 Likely to damage the reputation of A Classic Cruize; or

4.4.5 Otherwise unsuitable for Our Platform.

4.5 We may request additional information or evidence before publishing an Advertisement.

4.6 We are not responsible for independently verifying the accuracy, authenticity or legality of information supplied by You.

4.7 You acknowledge that photographs, videos and advertising material may be displayed publicly and accessed, shared or reproduced by third parties.

5. ADVERTISING FEES, INTRODUCTION FEES AND PAYMENTS

5.1 Advertising Fees

You must pay the applicable Advertising Fee in accordance with the advertising package or arrangement agreed between You and Us.

5.2 Unless otherwise agreed in writing, Advertising Fees must be paid before Your Advertisement is published or promotional services commence.

5.3 Advertising Fees may be displayed on Our website or provided directly to You by email or other written communication.

5.4 Advertising Cancellations

5.4.1 You may request cancellation of Your Advertisement by notifying Us in writing.

5.4.2 Where You cancel an Advertisement after publication or commencement of the Advertising Period, no refund will ordinarily be provided for the unused portion of the Advertising Period, unless otherwise agreed or required by law.

5.4.3 Any cancellation or refund request will be considered in accordance with these Terms and Conditions and applicable consumer laws.

5.5 Credit Card Authority

Where You have provided payment details and authorised Us to do so, You authorise Us to debit any outstanding Advertising Fees or other amounts properly payable under this Agreement.

5.6 Interest on Outstanding Amounts

Any amounts owing to Us under this Agreement may accrue interest at the rate of 10% per annum commencing 14 days after the payment due date, to the extent permitted by law.

5.7 Default in Payment

If You fail to pay an amount owing under this Agreement, We may suspend or remove Your Advertisement until all outstanding amounts have been paid.

We reserve all rights available to Us under applicable law to recover outstanding amounts and associated reasonable recovery costs.

5.8 INTRODUCTION FEE – AUD $50.00

5.8.1 In consideration of A Classic Cruize introducing a Customer to an Owner/Driver, a fixed Introduction Fee of AUD $50.00 is payable to A Classic Cruize for each accepted Job arising from that Introduction.

5.8.2 The Introduction Fee becomes payable when the Owner/Driver agrees to undertake the requested Job at a price determined by the Owner/Driver and accepted by the Customer.

5.8.3 The Introduction Fee is charged by A Classic Cruize to the Owner/Driver for providing the Introduction service.

5.8.4 The Owner/Driver acknowledges and expressly authorises A Classic Cruize to receive the AUD $50.00 Introduction Fee from the Customer on the Owner/Driver’s behalf.

5.8.5 The Owner/Driver authorises A Classic Cruize to deduct the Introduction Fee from the total Agreed Job Price otherwise payable by the Customer to the Owner/Driver.

5.8.6 The Customer may pay the AUD $50.00 Introduction Fee directly to A Classic Cruize, with the remaining balance of the Agreed Job Price payable directly to the Owner/Driver.

5.8.7 The Introduction Fee received by A Classic Cruize will be treated as payment of the corresponding AUD $50.00 portion of the amount otherwise payable to the Owner/Driver.

5.8.8 The Owner/Driver is entitled to receive the remaining balance of the Agreed Job Price after deduction of the Introduction Fee.

5.8.9 The Introduction Fee is not an additional charge on top of the Agreed Job Price. It is deducted from the agreed amount otherwise payable to the Owner/Driver.

5.8.10 The Owner/Driver must not charge the Customer an additional amount to recover the Introduction Fee unless this has been expressly agreed with the Customer as part of the original Agreed Job Price.

5.8.11 Where the Customer pays the full Agreed Job Price directly to the Owner/Driver without the Introduction Fee being paid to A Classic Cruize, the Owner/Driver remains responsible for paying the AUD $50.00 Introduction Fee to A Classic Cruize.

5.8.12 The Introduction Fee is separate from any Advertising Fee payable under this Agreement.

5.8.13 No Introduction Fee is payable where the Owner/Driver declines the Customer request or does not agree to undertake the Job.

5.8.14 The Introduction Fee applies to each separate accepted Job arising from an Introduction by A Classic Cruize.

5.8.15 The Owner/Driver acknowledges that the Introduction Fee is payable to A Classic Cruize for the Introduction service and is not a fee for providing transport, vehicle hire or other services.

5.8.16 Unless otherwise agreed in writing, the Introduction Fee is not refundable merely because the Customer or Owner/Driver subsequently cancels an accepted Job, subject to any rights or remedies that cannot lawfully be excluded.

Example of how the $50 Introduction Fee works

This is a practical example you can also use when explaining the arrangement to vehicle owners and drivers.

Example: Customer agrees to a classic car service

Agreed price set by owner/driver

$500.00

Introduction Fee to A Classic Cruize

$50.00

Remaining payment to owner/driver

$450.00

Total paid by Customer: $500.00

The $50 is deducted from the agreed $500, not added on top.

6. YOUR WARRANTIES AND OBLIGATIONS

6.1 Warranties

You warrant that:

6.1.1 You have the legal right and authority to advertise the vehicle, business, products or services;

6.1.2 Any vehicle advertised by You is legally owned or authorised to be advertised by You;

6.1.3 Any information supplied to Us is accurate and not misleading or deceptive;

6.1.4 You hold all necessary registrations, licences, permits and insurance required for the operation of Your business and the provision of Your advertised services; and

6.1.5 Your activities and dealings with Customers comply with all applicable laws and regulations.

6.2 Obligations

You agree that You must:

6.2.1 Provide accurate and up-to-date advertising information;

6.2.2 Respond directly to Customer enquiries and requests forwarded to You;

6.2.3 Deal with Customers honestly, professionally and lawfully;

6.2.4 Be responsible for all negotiations, quotations, pricing and agreements with Customers;

6.2.5 Be responsible for any bookings, reservations, payments, deposits, refunds or cancellations agreed directly with Customers, except for the limited Introduction Fee collection expressly authorised under this Agreement;

6.2.6 Maintain all necessary insurance, registrations, licences and permits relating to Your advertised activities;

6.2.7 Immediately notify Us of any complaint, dispute or issue relating to Your Advertisement or an Introduction that may affect A Classic Cruize;

6.2.8 Not make any false, misleading or deceptive representations about A Classic Cruize or its services; and

6.2.9 Not use Our Platform for any unlawful, fraudulent or unauthorised purpose.

6.3 Responsibility for Vehicles and Services

You are solely responsible for the vehicles, products, services and business activities advertised by You.

You acknowledge that A Classic Cruize does not inspect, maintain, certify or warrant any vehicle, product or service advertised by You.

6.4 Responsibility for Accepted Jobs

Where You accept a Customer request, You are solely responsible for:

6.4.1 Determining the price You wish to charge for the requested Job;

6.4.2 Deciding whether to accept or decline the Customer’s request;

6.4.3 Confirming all details of the accepted Job directly with the Customer;

6.4.4 Ensuring that the vehicle, driver and services are appropriately licensed, registered and insured;

6.4.5 Providing the agreed vehicle or services to the Customer;

6.4.6 Any cancellations, changes, complaints, refunds or disputes relating to the accepted Job; and

6.4.7 Ensuring that all arrangements with the Customer comply with applicable laws.

6.5 A Classic Cruize does not guarantee that an Introduction will result in an accepted Job or that an accepted Job will ultimately be completed.

6.6 You acknowledge that the Introduction Fee remains payable in accordance with Clause 5.8 notwithstanding that a Customer or Owner/Driver subsequently cancels an accepted Job, subject to applicable law.

7. PROHIBITED CONDUCT

7.1 You must not:

7.1.1 Provide false, misleading or deceptive advertising information;

7.1.2 Advertise vehicles, products or services that You are not authorised to advertise;

7.1.3 Publish material that infringes copyright, trademarks or other intellectual property rights;

7.1.4 Use Our Platform for any illegal, fraudulent or misleading purpose;

7.1.5 Publish offensive, defamatory, discriminatory or otherwise inappropriate material;

7.1.6 Misrepresent Your relationship with A Classic Cruize;

7.1.7 Suggest that A Classic Cruize endorses, guarantees or is responsible for Your business, vehicle, products or services unless expressly agreed in writing;

7.1.8 Use Our name, logo or branding without Our prior written consent; or

7.1.9 Do anything that may damage the reputation, operation or commercial interests of A Classic Cruize.

7.2 We reserve the right to remove any Advertisement or suspend an Advertiser who breaches this clause.

7.3 You may be responsible for any Loss suffered by Us as a result of Your breach of this clause.

8. OUR OBLIGATIONS AND WARRANTIES

8.1 We will use reasonable care and skill in providing the advertising and promotional services agreed between You and Us.

8.2 We will make reasonable efforts to publish and maintain Your Advertisement during the agreed Advertising Period.

8.3 We do not guarantee uninterrupted access to Our Platform or that Advertisements will be continuously available.

8.4 We may temporarily suspend, modify or discontinue any part of Our Platform for maintenance, upgrades, technical difficulties or operational reasons.

8.5 We do not guarantee that Your Advertisement or any Introduction will generate enquiries, customers, sales, bookings, accepted Jobs or financial returns.

8.6 We reserve the right to change the design, format, structure and operation of Our Platform at any time.

8.7 We are not responsible for third-party websites, platforms, social media accounts or services linked to or accessed through Our Platform.

8.8 Where We forward a Customer request to an Owner/Driver, We will use reasonable care in communicating the information supplied to Us but do not guarantee that the information supplied by the Customer is accurate or complete.

9. NO AGENCY, BOOKING OR TRANSACTIONAL RELATIONSHIP

9.1 You acknowledge and agree that A Classic Cruize operates primarily as an advertising, promotional and customer introduction platform.

9.2 Nothing in this Agreement creates a partnership, joint venture, employment relationship, franchise or general agency relationship between A Classic Cruize and You.

9.3 Except for the limited authority expressly granted under Clause 9.7, We do not act as Your agent or representative and have no authority to enter into agreements, make representations, accept bookings, negotiate prices or receive payments on Your behalf.

9.4 Any Customer who responds to Your Advertisement or is introduced to You does so for the purpose of dealing directly with You.

9.5 You are solely responsible for determining whether to accept a Customer enquiry or enter into any agreement with a Customer.

9.6 Subject to the limited Introduction Fee collection authority in Clause 9.7, A Classic Cruize accepts no responsibility for:

9.6.1 The conduct, actions or representations of Advertisers or Customers;

9.6.2 The accuracy of information exchanged between Advertisers and Customers;

9.6.3 The performance or non-performance of any agreement between an Advertiser and Customer;

9.6.4 Any deposits, payments, refunds or financial transactions between Advertisers and Customers;

9.6.5 Any disputes, complaints, claims or losses arising from transactions between Advertisers and Customers; or

9.6.6 The quality, safety, condition, availability or suitability of any advertised vehicle, product or service.

9.7 LIMITED AUTHORITY TO COLLECT INTRODUCTION FEES

9.7.1 The Owner/Driver expressly authorises A Classic Cruize to act as their limited collection agent solely for the purpose of receiving the AUD $50.00 Introduction Fee from the Customer.

9.7.2 This limited authority allows A Classic Cruize to receive the Introduction Fee on behalf of the Owner/Driver and deduct that amount from the total Agreed Job Price otherwise payable to the Owner/Driver.

9.7.3 This authority does not extend to accepting bookings, negotiating prices, entering into service agreements, receiving deposits or collecting the remaining balance of the Agreed Job Price on behalf of the Owner/Driver.

9.7.4 Except for the limited collection authority expressly provided in this clause, A Classic Cruize does not act as the agent, representative or booking intermediary of the Owner/Driver.

9.7.5 The Owner/Driver remains solely responsible for the performance of the accepted Job and all dealings with the Customer.

9.7.6 The Owner/Driver acknowledges that payment of the Introduction Fee to A Classic Cruize satisfies the corresponding AUD $50.00 portion of the amount otherwise payable by the Customer to the Owner/Driver.

10. INTELLECTUAL PROPERTY AND ADVERTISING MATERIAL

10.1 You retain ownership of any intellectual property rights in Advertising Material supplied by You.

10.2 You grant A Classic Cruize a non-exclusive, royalty-free licence to use, reproduce, publish, display, distribute, edit and promote Your Advertising Material for the purposes of providing advertising and promotional services.

10.3 This licence includes the right to use Your photographs, videos, business name, logo and advertising descriptions on Our website, social media platforms and other promotional channels.

10.4 You warrant that You have all necessary rights and permissions to grant this licence.

10.5 We retain ownership of Our website, branding, logos, designs, advertising formats and other intellectual property developed or owned by A Classic Cruize.

10.6 You must not reproduce, copy or use Our intellectual property without Our prior written consent.

10.7 The licence granted under this clause will continue for a reasonable period after the Advertising Period where necessary for the removal, archiving or administration of previously published promotional material, unless otherwise agreed.

11. EXCLUSIONS AND LIMITATION OF LIABILITY

11.1 To the fullest extent permitted by law, We are not responsible for any Loss arising from or connected with:

11.1.1 The accuracy or completeness of information supplied by You or a Customer;

11.1.2 The actions or omissions of an Advertiser or Customer;

11.1.3 Any agreement, transaction or arrangement between an Advertiser and Customer;

11.1.4 Any advertised vehicle, product or service;

11.1.5 Any failure by an Advertiser to provide goods or services;

11.1.6 Any loss of business, sales, revenue, profits or anticipated commercial opportunities;

11.1.7 Any interruption, failure or unavailability of Our Platform; or

11.1.8 Any unauthorised access, technical failure or third-party interference beyond Our reasonable control.

11.2 We do not warrant that Our advertising or Introduction services will result in any particular commercial outcome.

11.3 To the fullest extent permitted by law, We exclude liability for indirect or consequential Loss arising from the use of Our Platform or advertising and Introduction services.

11.4 Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

11.5 Where Our liability cannot lawfully be excluded, Our liability will be limited to the extent permitted by applicable law.

11.6 A Classic Cruize is not responsible for the price quoted by an Owner/Driver, the Customer’s acceptance of that price, or the performance, cancellation or completion of any Job arising from an Introduction.

11.7 The Introduction Fee is charged solely for the Introduction service provided by A Classic Cruize and does not constitute a commission for providing transport, vehicle hire or other services.

11.8 Nothing in this Agreement makes A Classic Cruize responsible for the safety, suitability, quality or delivery of any Job agreed between the Customer and the Owner/Driver, subject always to any liability that cannot lawfully be excluded.

12. INDEMNITY

12.1 You indemnify and agree to keep indemnified A Classic Cruize, its partners, agents and employees against any claims, actions, proceedings, liabilities, Losses, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with:

12.1.1 Any false, misleading or inaccurate information supplied by You;

12.1.2 Any breach of this Agreement by You;

12.1.3 Any infringement of intellectual property or other rights arising from Advertising Material supplied by You;

12.1.4 Any unlawful conduct or business activities undertaken by You;

12.1.5 Any dispute, complaint, claim or proceeding between You and a Customer;

12.1.6 Any vehicle, product or service advertised by You; or

12.1.7 Any failure by You to comply with applicable laws, regulations, licences or insurance requirements.

12.2 This indemnity does not extend to Loss to the extent caused by Our negligence, breach of this Agreement or unlawful conduct.

12.3 This provision survives termination of this Agreement.

13. FORCE MAJEURE

13.1 If circumstances beyond Our reasonable control prevent or hinder Us from providing the advertising services, We will not be responsible for the resulting delay or interruption while those circumstances continue.

13.2 Circumstances beyond Our reasonable control include, but are not limited to:

13.2.1 Severe weather and natural disasters;

13.2.2 Fire, flood or other emergencies;

13.2.3 Acts of God;

13.2.4 Government decrees, regulations or orders;

13.2.5 Strikes, lockouts or industrial disputes;

13.2.6 Riots or civil disturbances;

13.2.7 Internet, telecommunications or hosting failures;

13.2.8 Cyber incidents or third-party service interruptions; and

13.2.9 Failures or malfunctions of information technology systems.

13.3 If the circumstances continue for an unreasonable period, either party may terminate the affected advertising arrangement by providing written notice.

13.4 Any refund arising from termination under this clause will be determined having regard to the advertising services already provided and applicable legal requirements.

14. PRIVACY AND PERSONAL INFORMATION

14.1 We may collect personal and business information from You for the purposes of providing advertising, promotional and customer Introduction services.

14.2 Such information may include Your name, business name, contact details, vehicle information, photographs and advertising material.

14.3 We may use Your information to:

14.3.1 Create and publish Advertisements;

14.3.2 Communicate with You regarding Your Advertisement;

14.3.3 Promote Your advertised business, vehicle or services;

14.3.4 Forward relevant Customer requests to You;

14.3.5 Respond to enquiries and administer Our Platform; and

14.3.6 Comply with legal obligations.

14.4 Where You provide contact details for publication, You authorise Us to display those details as part of Your Advertisement.

14.5 Where We forward Your contact details to a Customer or a Customer’s details to You, We will do so for the purpose of facilitating the requested Introduction and in accordance with applicable privacy laws.

14.6 We will handle personal information in accordance with applicable privacy laws and Our privacy policy.

15. NOTICES

15.1 A notice under this Agreement must be in writing and may be:

15.1.1 Delivered personally;

15.1.2 Sent by post to the address nominated by the relevant party; or

15.1.3 Sent by email to the email address nominated by the relevant party.

15.2 A notice is taken to have been received:

15.2.1 If delivered personally, when delivered;

15.2.2 If posted, on the third business day after posting; and

15.2.3 If sent by email, when transmitted, provided the sender has not received an automated notification of unsuccessful delivery.

16. FURTHER ASSURANCES

16.1 Each party must do all things reasonably necessary to give effect to this Agreement and the transactions contemplated by it.

17. ENTIRE AGREEMENT

17.1 This Agreement constitutes the entire agreement between the parties concerning the advertising, promotional and Introduction services and supersedes all previous discussions, representations and arrangements relating to its subject matter.

17.2 Any variation to this Agreement must be agreed in writing by the parties.

18. SEVERABILITY

18.1 If any provision of this Agreement is found by a court to be invalid, illegal or unenforceable, that provision will be severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

19. APPLICABLE LAW

19.1 This Agreement is governed by and construed in accordance with the laws of Queensland, Australia.

19.2 The parties submit to the jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts.

20. NO ASSIGNMENT WITHOUT CONSENT

20.1 Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party.

20.2 Any purported assignment without the required consent will be of no effect to the extent permitted by law.

21. WAIVER

21.1 A failure by a party to exercise or enforce any right under this Agreement does not constitute a waiver of that right.

21.2 A waiver is only effective if given in writing by the party granting the waiver.

22. TERMINATION AND REMOVAL OF ADVERTISEMENTS

22.1 Either party may terminate an advertising arrangement by providing written notice to the other party.

22.2 We may immediately suspend or remove an Advertisement where:

22.2.1 You breach these Terms and Conditions;

22.2.2 The Advertisement contains false, misleading or unlawful information;

22.2.3 We receive a complaint or legal notice relating to the Advertisement;

22.2.4 We reasonably believe publication may expose Us to legal liability or reputational damage; or

22.2.5 You fail to pay an outstanding Advertising Fee.

22.3 Upon termination, We may remove Your Advertisement from Our Platform.

22.4 Termination does not affect any outstanding payment obligations or rights and liabilities accrued before termination, including any Introduction Fee that has become payable under Clause 5.8.

22.5 Clauses relating to intellectual property, indemnity, liability, outstanding payments, Introduction Fees and any other provisions intended to survive termination will continue to apply.

23. GIFT VOUCHERS

23.1 Any gift vouchers issued by A Classic Cruize specifically for advertising services are valid for 12 months from the date of purchase, unless otherwise stated.

23.2 Gift vouchers cannot be redeemed for cash.

23.3 Gift vouchers are subject to applicable consumer laws.

24. ACCEPTANCE OF TERMS AND CONDITIONS

24.1 By submitting an Online Advertising Form, accepting an advertising proposal, making payment of an Advertising Fee or otherwise agreeing to advertise through A Classic Cruize, You acknowledge that You have read, understood and agreed to these Terms and Conditions.

24.2 You acknowledge that A Classic Cruize is an advertising, promotional and customer Introduction platform and is not responsible for the performance of services, bookings, transactions or arrangements between Advertisers and Customers, except for its expressly authorised limited role in collecting the Introduction Fee.

24.3 These Terms and Conditions apply to all advertising and Introduction arrangements with A Classic Cruize unless otherwise agreed in writing.

24.4 By accepting these Terms and Conditions, the Owner/Driver expressly acknowledges and agrees to the AUD $50.00 Introduction Fee and authorises A Classic Cruize to collect that fee from the Customer on their behalf and deduct it from the amount otherwise payable to them.

24.5 The Owner/Driver acknowledges that the Introduction Fee is payable to A Classic Cruize for each accepted Job arising from an Introduction, in accordance with Clause 5.8.

24.6 The Owner/Driver acknowledges that they independently determine the price they are prepared to charge for a requested Job and retain the right to accept or decline any Customer request.

24.7 The Customer and Owner/Driver are responsible for agreeing on the terms of the Job directly with each other.

END OF TERMS AND CONDITIONS

A CLASSIC CRUIZE

G.A Walker and R.A Walker Partnership

ABN 95 157 786 685