Terms & Conditions

Cracker is an information and advertising service ('Service') provided by Fairfax Digital Australia and New Zealand Pty Limited ABN 34 087 887 456 ('Fairfax') operated from the website at Cracker.com.au (the 'Site') on the terms set out by the Fairfax General Conditions of Use and the terms below. If you use the Service or the Site, you are deemed to have agreed to these terms. In addition, if you place advertising on the Site, you agree to be bound by the standard Fairfax Conditions of Advertising Terms.

1. Intellectual property

Cracker is a trademark of Fairfax Media Limited and may not be used without the written consent of Fairfax. The content on the Site, including the text, images, photos, logos and messages in bulletin boards and forums, (the 'Content'), is owned by Fairfax or its licensors. Except for fair use under the Copyright Act, Commonwealth, you may not use or reproduce or allow anyone to use or reproduce this Content without the written consent of Fairfax or the relevant licensor. The software that operates the Site is proprietary software and you must not copy, reverse engineer or modify it.

2. Posting content

Fairfax does not control the content of advertisements, bulletin boards, discussion groups or forums. It reserves the right to delete or edit Content at its discretion and to terminate access to or use of the Service. As well as these rules, you must comply with the rules posted for any particular discussion group or forum. You may not:

• post material in a forum or bulletin board or discussion group that is off topic, contains advertising or is considered 'spam';
• publish any Content containing financial advice or recommendations regarding securities;
• publish anything defamatory, indecent, threatening, misleading or otherwise containing illegal content; or
• publish anything which invades personal privacy, is indecent or obscene ,incites violence, violates copyright or
• publish anything containing a virus or code designed to interrupt the Site.

By posting any Content to the Site, you licence Fairfax to reproduce, modify or distribute that Content in any form and you waive any moral rights that you may have in that Content.

3. Respect for the Community

Cracker postings are provided for free to you in many categories (and in some cases for very low cost). We ask you use this service reasonably, and respect the rights of others. In particular, posting the same advertisement more than once (ie spamming) is unreasonable, particularly so if it is in an inappropriate category. Also flooding categories with your advertisements may prevent others from fair use of our site, and prevent users finding other advertisers. Please, use your common sense. Cracker is for sharing with others. We will be the sole arbiter of what is reasonable use, and may remove some or all of your ads, and in some cases, ban you from our site if we are forced to investigate.

4. Termination

Fairfax may with or without notice to you and at its discretion terminate your access to all or part of the Site without the need to provide reasons.

5. Disclaimer of liability

Fairfax is not liable to you for any loss or damage incurred by you arising out of your use of the Site or Service, whether direct, consequential, special, indirect or other loss or damage. Fairfax's liability to you is limited to the re-supply of the Service to you or to the cost of this re-supply at its option.

6. No warranty

Fairfax provides the Service and the Site 'as is' and without any express or implied warranties. Fairfax makes no warranty about the accuracy or completeness of the Content on the Site or any third-party site linked from the Site. Users should satisfy themselves through their own enquiries as to the condition or suitability of any item or service offered. Fairfax excludes all liability to users for loss arising from Content posted on the Site. All warranties of any kind are excluded to the extent permitted by law. Due to factors outside its control, Fairfax does not guarantee uninterrupted, error-free or secure access to the Site.

7. Indemnity

You agree to indemnify Fairfax and its related companies and officers from any claims and expenses (including legal costs) related to:

(a) your use of the Site or the Service;

(b) any Content posted by you or others; or

(c) your breach of these terms.

8. Governing law

The Service is governed by the laws of New South Wales.

9. Privacy

Fairfax's Privacy Policy sets out details of how your personal information may be used by Fairfax.