- Carsales may cease to provide you with access to the Carsales website or any of its services without notice.
- All rights not expressly granted are reserved.
- This Agreement is governed by and construed in accordance with the laws of the State of Queensland Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
2. What we do
- Carsales publishes or makes available on the website information, advertisements, product and service offers, vehicle data, valuations, Software and links and other content supplied by Carsales and third parties (Material). Carsales does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Carsales website or on any web site that links from the Carsales website (including third party display advertisements).
- Carsales does not provide any warranty in relation to any goods or services advertised for sale on the Carsales website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
3. Personal and Non-Commercial Use Only
- Use of the Carsales website is for your personal and non-commercial use only. You must not without the prior written approval of Carsales:
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
- use or attempt to use any Material published on the Carsales Website to create any web site or publication or searchable database;
- mirror or frame any web site or page within the Carsales Website;
- use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the Carsales Website or generate or compile any document, index or database based on the Material published on the Carsales Website;
- transfer or sell any information, functionality or products or services offered on the Carsales Website; or
- undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.
- If Carsales considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to Carsales’ interests, then Carsales may immediately terminate your right to access and use the Carsales Website at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Carsales Website.
3. You are Responsible for the use of the Carsales Website
- Whilst Carsales takes care to ensure that the Material on the Carsales Website is correct, current and free from errors, Carsales does not warrant the accuracy or completeness of or the representations made in the Material on the Carsales Website or any web site that links from the Carsales Website or any information received as a result of using the Carsales Website. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
- The services and Material made available on the Carsales Website are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses.
- You agree to indemnify Carsales against any liability, loss, claim or demand if Carsales (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
- You must keep your username and password to access the Carsales Website secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to Carsales that you accept all liability for any unauthorised use of any username and password issued to you.
4. Goods and Services Provided By Carsales
If Carsales offers goods or services to you, including advertising any item for sale on the Carsales Website, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
5. Goods and Services Provided By Third Parties
- If goods and services are offered on or through the Carsales Website by third parties (sellers):
- vehicle prices exclude government and statutory charges (unless otherwise stated);
- You are responsible for making all relevant searches, enquiries and investigations in relation to any listed vehicle including, any written off vehicle register or register of security interests (including the Personal Property Securities Register or otherwise);
- Carsales does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
- Carsales will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.
- Carsales may augment information supplied by sellers. This information is supplied by third parties and in the case of motor vehicles is based on model and year. Whilst Carsales requests sellers check this information, it may be possible for information to be inaccurate. Carsales strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.
6. Carsales Liability to You is Limited
- Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by Carsales are HEREBY EXCLUDED.
- To the full extent permitted by the law, Carsales will only be liable to you:
- pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that 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;
- subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Carsales.
- Subject to subclause 6(b), and except to the extent that liability cannot be excluded, Carsales, will not be liable to you: for claims arising out of or in connection with your access and use of the Carsales Website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
- To the full extent permitted by law, Carsales will not be liable to you for loss of use, production, profit, revenue, business, data, contractor 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.
- For the purposes of this section, the term Carsales will mean Carsales, its officers, employees, contractors and agents, whether individually or collectively.
- These terms and conditions will survive the expiration or termination of this agreement.
8. Membership to the Carsales Website
- If you choose to become a member of the Carsales Website, additional products and services may be made available to you.
- By becoming a Carsales member, you agree to receive electronic communications from Carsales about its products and services.
- If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.
9. Communications Services
- Carsales may provide you with the ability to communicate with Carsales, the Carsales Website, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).
- You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by Carsales. You should not however, consider Communication Services to have been reviewed, screened, or approved by Carsales.
- Use of the Communications Services is provided on condition that You do not do any of the following:
- transmit any information or material which is knowingly incorrect, misleading or deceptive;
- transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any material otherwise deemed by Carsales to be threatening, hurtful or otherwise inappropriate;
- transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
- use the Communications Services for any unlawful purpose;
- post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights.
- upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another's computer or damage any of Carsales Website’s infrastructure;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Carsales.
- download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
- excessively use the Communications Services in a manner which may hinder or prevent Carsales from providing services to any other persons or which may threaten the integrity or use by any person of the Carsales Website;
- authorise, aid, abet encourage or incite any person to do any of the above acts.
- Carsales may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services. Carsales may also suspend or terminate the membership of any member determined by Carsales to be in breach of this provision.
- Automotive Data Services Pty Ltd (RedBook) has prepared data and valuations from information gathered from a variety of sources that may be displayed on the Carsales Website. Whilst all care is taken in producing the data and valuations, RedBook does not and cannot guarantee or make any representations regarding the use of, or reliance, on it. RedBook is not responsible for all the information provided to it and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information.
- RedBook is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, this valuation and data.
13. Specific Terms
- Private Sellers To read Carsales Private Seller Terms and Conditions click here. If you choose to sell an item using the Carsales Website you must agree to the Carsales Private Seller Terms and Conditions.
- Carsales Website Privacy Protect To view Carsales Website Privacy Protect Terms and Conditions click here.
- Competitions To read Carsales Competition Terms and Conditions click here.
- Email a friend Where Carsales allows you to email a friend: you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify Carsales, its officers, representatives, employees, contractors, servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.
- Carsales uses Assembly Payments Pty Ltd (Assembly Payments) as its service provider for payment services (acting as a payment facilitator and/or escrow agent for transactions between Carsales Website sellers and buyers). By using these services, you agree to be bound by the Assembly Payments End User Terms which are located here.