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TERMS AND CONDITIONS OF USE


WELCOME TO THE CARSALES NETWORK


TERMS AND CONDITIONS OF USE


carsales.com Ltd is pleased to provide you with access to the network of
websites, apps and related services operated by carsales.com Limited and its
related bodies corporate (“carsales”) including, but not limited to
www.carsales.com.au, www.bikesales.com.au, www.boatsales.com.au,
www.caravancampingsales.com.au, www.trucksales.com.au,
www.farmmachinerysales.com.au, www.constructionsales.com.au,
www.tyresales.com.au, www.tyreconnect.com.au, www.autogate.co, the carsales
vehicle search engine wherever distributed on the internet and carsales’ broader
e-commerce platforms on the above websites allowing the sale of non-vehicle
products by third parties (“Stores”) (together the "carsales Network").

By accessing or using the carsales Network, you agree to be bound by these terms
and conditions of use (“Terms”) and any other terms and conditions referred to
in these Terms or notified to you on the carsales Network- each as amended from
time to time in accordance with these Terms.


1. ABOUT THE CARSALES NETWORK

(a) carsales publishes or makes available on the carsales Network information,
advertisements, products and services, vehicle data, valuations, software and
other content supplied by carsales and third parties (“Material”).

(b) To the extent permitted by law, carsales does not warrant or endorse the
accuracy or completeness of, or the representations made in, the Material, or
any information received as a result of using the carsales Network (including
via links to third party websites). You are responsible for assessing the
accuracy of the Material and any such information and rely on it at your own
risk.

(c) Unless expressly stated by carsales and to the extent permitted by law,
carsales does not provide any warranty in relation to any goods or services
advertised for sale on the carsales Network by third parties including, but not
limited to, any representation or warranty that the goods or services are of
merchantable quality, fit or safe for the purpose intended, as described by the
seller or owned by the seller.


2. PERSONAL AND NON-COMMERCIAL USE ONLY

(a) Unless you have signed commercial terms with carsales, use of the carsales
Network is for your personal and non-commercial use only. Except for the
Material held in your computer’s cache or a single permanent copy of the
Material for your personal use, or where you must undertake such activities to
exercise your legal rights (for example to use screen-reading software for
accessibility), you must not without the prior written approval of carsales
(such approval not to be unreasonably withheld) do any of the following or
authorise a third party to do that thing on your behalf:

 i.   modify, copy, distribute, transmit, display, perform, reproduce, publish
      or license any Material;
 ii.  use or attempt to use any Material to create any website, publication or
      searchable database;
 iii. mirror or frame any website or Material from the carsales Network;
 iv.  use an automated process of any sort to query, access, retrieve, scrape,
      data-mine or copy any Material or generate or compile any document, index
      or database based on the Material;
 v.   use any manual process to make multiple copies of Material or to compile
      any document, index or database based on the Material;
 vi.  publish, transfer or sell any Material, information or functionality
      derived from the carsales Network; or
 vii. undertake any other action which is in violation of these Terms (or other
      terms and conditions referred to in these Terms), contrary to good faith,
      or in breach of any applicable law.



(b) If carsales reasonably considers that you or any party related to you has
acted contrary to these Terms, then carsales may immediately terminate your
right to access and use the carsales Network and reserves its right to take any
action it deems reasonably necessary or desirable to prevent such repeated
action.


3. YOU ARE RESPONSIBLE FOR USE OF THE CARSALES NETWORK

(a) The Material made available on (or via) the carsales Network is provided as
general information only. The Material is not professional, expert or other
advice and it is not a substitute for such advice. The Material 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.

(b) You 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 your officers, representatives, employees or agents) of these Terms-
including any warranties you provide in them except to the extent such loss or
damage is caused by carsales’ own acts or omissions.

(c) You must keep your username and password to access the carsales Network
secure and confidential and not provide those details to any third party. You
accept all liability relating to unauthorised use of any username and password
issued to you which is due to no fault of carsales.


4. GOODS AND SERVICES PROVIDED BY CARSALES

Any goods or services offered by carsales (beyond access to the carsales
Network) are subject to additional terms and conditions. To the extent of any
inconsistency between these Terms and the additional terms and conditions, the
additional terms and conditions will prevail to the extent of the inconsistency.


5. GOODS AND SERVICES PROVIDED BY THIRD PARTIES

(a) If goods and services are offered on the carsales Network by third parties
(sellers), to the extent permitted by law:

 i.   vehicle prices often exclude delivery, government and statutory charges
      (always check with the seller);
 ii.  you are responsible for making all relevant searches, enquiries and
      investigations in relation to the goods and services including searching
      any written off vehicle register or register of security interests
      (including the Personal Property Securities Register);
 iii. carsales does not act as any person’s agent or broker, arrange any
      contract between you and any person, or provide any warranty in relation
      to any person’s goods or services (unless specifically stated); and
 iv.  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.

For the purpose of these Terms, “person” means any legal entity, including an
individual or business.

(b) carsales may augment information supplied by sellers, for example by using
the make, model and series provided by a seller to suggest vehicle features.
This information relies upon the seller accurately identifying their vehicle and
also on information provided to carsales from third parties (for example
original equipment manufacturers). Whilst carsales requests that sellers check
this information, such information may still be inaccurate. carsales strongly
recommends that you check with the seller that all information contained in an
advertisement or listing is accurate before you make any purchase.


6. CARSALES’ LIABILITY TO YOU IS LIMITED

(a) Other than as set out in this clause, and to the full extent permitted by
law, implied guarantees and warranties in respect of any goods or services
provided by carsales are hereby excluded. Nothing in these Terms is intended to
exclude, restrict or modify any right or remedy conferred on you by an
applicable statute (e.g. the Australian Consumer Law) that cannot be excluded,
restricted or modified.

(b) 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, any
such liability of carsales is limited to the greater of (i) the fees paid by you
to carsales for the relevant goods and/or services or (ii) $1000.

(c) To the full extent permitted by law, carsales will not be liable to you for
any indirect or consequential loss or damage, including loss of use, production,
profit, revenue, business, data, contractor anticipated savings, delay or for
any financing costs, increase in operating costs or economic loss.

(d) For the purposes of this section, the term carsales means carsales, its
officers, employees, contractors and agents, whether individually or
collectively.

(e) This clause 6 will survive any expiry or termination of these Terms.

(f) Where you have purchased a specific product or service from carsales, please
check your additional specific product or service terms for liability provisions
which may prevail over this clause.


7. COPYRIGHT, TRADEMARKS AND LICENCE

(a) Material on the carsales Network is protected by copyright and intellectual
property laws. All rights not expressly granted under these Terms are reserved
by carsales. Unless otherwise indicated on the carsales Network, the Material is
owned by or licensed to carsales and is subject to copyright (the "Copyright
Material").

(b) You may:

 i.  only copy or reproduce the Copyright Material for the purpose of browsing
     the carsales Network or making a copy for your own personal, private or
     research use, provided that such use constitutes fair use under the
     Copyright Act 1968 (Cth); and
 ii. not alter or modify the Copyright Material in any way or remove any legal
     notice associated with it.

(c) carsales and other names of carsales’ products and services are registered
or unregistered trade marks of carsales. Other product and company names
mentioned on the carsales Network may be the trade marks of third party owners.
Nothing displayed on the carsales Network should be construed as granting you
any intellectual property rights including the right to use any trade mark
without the relevant owner’s express written consent.

(d) In consideration of carsales allowing you to access and use the carsales
Network, you grant to carsales a non-exclusive, payment free, perpetual,
irrevocable, sub-licensable licence to reproduce, modify, delete, adapt and
publish any material you post, upload or otherwise transmit via the carsales
Network for such purposes as carsales reasonably determines from time to time
(subject to carsales’ Privacy Policy). You warrant that you have all necessary
rights in the content that you contribute and that the content does not infringe
any law or third party rights. To the extent permitted by law, you agree to
carsales taking any actions that may otherwise infringe your moral rights in
relation to the material.


8. YOUR CARSALES NETWORK ACCOUNT (PREVIOUSLY “MEMBER ACCOUNT”)

(a) If you open a carsales Network account, additional products and services
(e.g. fuel discounts) may be made available to you on specific supplementary
terms.

(b) By opening a carsales Network account, you agree to receive electronic
communications from carsales about its products and services, however you may
opt out of this via your account preference centre.

(c) If you add details of an existing vehicle into your carsales Network
account, you agree to carsales providing those details to car dealers along with
any vehicle enquiry you make so that dealers can make you trade in offers. You
can opt out of this at the time of enquiry.

(d) If you create a username and user profile photo connected to your carsales
Network account, or choose to verify your identity, carsales may display these
publicly in your carsales Network communications, including in adverts or
one-to-one messages.


9. COMMUNICATIONS SERVICES

(a) carsales may provide you with the ability to communicate with carsales,
sellers, third party advertisers and other users of the carsales Network through
online forms, interactive voice response, electronic requests and enquiries,
bulletin boards, blogs, competition entries, online forums, inbound phone number
services and other forms of communication (“Communications Services”).

(b) Unless stated otherwise, please assume that Communications Services are
public and not private communications, and you agree to publication of your
communications. carsales may collect, store or scan communications, however you
should not rely on it doing so.

(c) Use of the Communications Services is provided on condition that you do not:

 i.    transmit any information or material which is incorrect, misleading or
       deceptive;
 ii.   transmit any racist, sexist, defamatory, infringing, obscene, abusive,
       indecent or unlawful information or any material reasonably deemed by
       carsales to be inappropriate;
 iii.  transmit spam, chain letters, contests, junk mail, surveys or other mass
       messaging;
 iv.   use the Communications Services for any unlawful purpose;
 v.    post or upload files that contain software or other material or
       information in breach of any person's intellectual property or privacy
       rights;
 vi.   upload files that contain viruses, corrupted files, worms, defects or any
       other similar software or programs that may damage the operation of
       another user's computer or damage any of the carsales Network
       (infrastructure or content);
 vii.  delete any author attributions, legal notices or proprietary designations
       or labels in any file that is uploaded;
 viii. advertise or offer to sell any goods or services other than as reasonably
       approved in writing by carsales;
 ix.   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;
 x.    excessively use the Communications Services in a manner which may hinder
       or prevent carsales from providing services to any other person or which
       may threaten the integrity or use by any person of the carsales Network;
       or
 xi.   authorise, aid, abet encourage or incite any person to do any of the
       above acts.

(d) carsales may, acting reasonably, 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 use of the
carsales Network of any person reasonably determined by carsales to be in breach
of these Terms.


10. SOFTWARE SERVICES

(a) Any software, including HTML code, that is made available to download from
the carsales Network ("Software") is owned by carsales and/or its suppliers.

(b) Your use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software ("Licence
Agreement"). You must agree to the terms of the Licence Agreement before using
the Software.

(c) If there is no Licence Agreement, carsales grants you a personal,
non-transferable license to use the Software for viewing and otherwise using the
carsales Network in accordance with these Terms, and for no other purpose. You
must not:

 i.   copy, reproduce, translate, adapt, vary or modify in whole or in part, the
      Software;
 ii.  reverse assemble or reverse compile or directly or indirectly allow or
      cause a third party to reverse assemble or reverse compile, in whole or in
      part, the Software;
 iii. introduce or use any device, software or routine that interferes or
      attempts to interfere with the operation of the Software; or
 iv.  sub-license, rent, lease, lend or grant to any person any rights to use
      the Software other than as set out in this paragraph.


11. REDBOOK (VEHICLE DATA)

(a) Automotive Data Services Pty Ltd (“RedBook”) has prepared data and
valuations from information gathered from a variety of sources (including third
party sources) that may be displayed on the carsales Network. Whilst all care is
taken in producing the data and valuations, RedBook does not make any
representations regarding the accuracy, completeness or fitness for purpose of
its data except to the extent permitted by law. You should not rely on the data
or valuations without making your own independent assessment of the vehicle and
other sources of information.

(b) RedBook is not liable for any loss or damage (other than in respect of any
liability which may not lawfully be excluded) relating to your use of, or
reliance on, valuation or other data provided by RedBook.


12. CARSALES AND YOUR PRIVACY

By using the carsales Network, you agree to the carsales Privacy Policy which
sets out how carsales collects, uses and discloses your personal information.


13. CALLCONNECT AND “EMAIL A FRIEND”

(a) 1300 Numbers: CallConnect Calls to 1300 numbers (sellers using a virtual
number) from land lines in Australia are charged at local call rates. Calls from
mobile phones may attract a higher rate from your telephone service provider.
Please direct all questions to that provider.

(b) Email a friend: Where carsales allows you to email a friend and you provide
an email address for this purpose, you warrant that the person to whom the email
is addressed has consented to the email being sent.


14. TERMS APPLICABLE TO CARSALES NETWORK STORES

carsales operates the Stores which allow third party retailers (each a “Seller”)
to list and sell goods or services and transact directly with customers. As a
result, carsales is not a party to any transaction between you and the Seller
that occurs via the Stores. In addition, carsales does not control the content
or accuracy of any product listing or the quality, shipping, delivery or returns
approvals of any goods or services sold via the Stores. Without limiting any
other provision of these Terms, the following additional terms apply to your use
of and access to the Stores:

 a. As the Stores are platforms for Sellers to list for sale and sell their
    goods or services to customers, you agree that, to the maximum extent
    permitted by law, carsales is not responsible for the transactions that
    occur between you and a Seller, nor is carsales responsible for any of the
    Seller’s goods or services. To the maximum extent permitted by law, carsales
    makes no warranty or representation regarding the standard of any goods or
    services to be supplied by a Seller or the actions, omissions or conduct of
    a Seller.
 b. All information about goods or services listed for sale in the Stores
    (including without limitation all product descriptions, images and
    specifications, pricing information and the policies referred to in
    paragraphs (e) and (f) below) is provided by the relevant Sellers. Except as
    required by law, carsales is not responsible for any inaccuracies,
    misstatements or errors in this information. You agree to make your own
    enquiries to verify the information provided and to assess the suitability
    of goods or services before you order the goods or services through the
    Stores.
 c. A listing in the Stores will contain the relevant Seller’s details. When you
    make an order through the Stores, you acknowledge and agree that the Seller
    may impose their own terms and conditions in relation to the sale of their
    goods or services, which will be displayed or otherwise made available to
    you through the Store (including without limitation the policies that are
    described further in paragraphs (e) and (f) below). Unless expressly
    permitted by carsales in writing, carsales will not be a party to any
    agreement or additional terms that apply between you and a Seller.
 d. To the extent permitted by law the promotion of goods or services via the
    Stores is an invitation to treat- not an offer to sell.
 e. The Seller’s applicable policy for cancellations, returns (including repairs
    and replacements) and refunds will apply to any transaction between you and
    that Seller via the Stores. The collection, use and disclosure of your
    personal information may also be subject to the Seller’s privacy policy.
    Before purchasing goods or services via the Stores, you should carefully
    read the Seller’s cancellation, return and refund policy, which will be
    displayed or otherwise made available to you through the Stores.
 f. The Seller’s applicable policy for shipping and delivery of goods or
    services will apply to any transaction between you and that Seller via the
    Stores. Before purchasing goods or services via the Stores, you should
    carefully read the Seller’s shipping and delivery policy, which will be
    displayed or otherwise made available to you through the Stores.
 g. When an order is placed for a Seller’s goods or services, you will receive
    an email confirmation that your order has been placed and carsales will send
    the order to the Seller for confirmation. Whilst stock levels are regularly
    adjusted, on occasion a Seller may reject your order in its discretion.
    Where a Seller rejects your order, you will be notified by email and
    carsales will refund you for the order and associated shipping charges to
    the relevant payment method used for purchase. You are responsible for any
    loss arising from discrepancies or errors in your order caused by due to no
    fault of carsales.
 h. The prices of goods or services, delivery and other charges are shown in
    Australian dollars. All payments must be received by carsales in full prior
    to the dispatch of goods or services by a Seller. If your payment is not
    received or is declined for any reason, including where fraud is suspected,
    your order will be cancelled and, if applicable, you will receive a refund
    of your order to the relevant payment method used for purchase.
 i. To cancel, return or request a refund from a Seller or raise a problem with
    the goods or services purchased from a Seller, you should submit a request
    to us via the relevant ‘Help Centre’ for the Store you used. carsales will
    then investigate the issue further, submit your request on your behalf to
    the relevant Seller (as necessary) and provide reasonable assistance to you
    in relation to pursuing resolution of the issue. Where a refund is permitted
    in accordance with the Seller’s policies, your refund will be issued using
    the same payment method used for purchase. Where carsales considers that it
    cannot reasonably resolve the issue, it may require you to liaise directly
    with the Seller to pursue a resolution.
 j. You must not use the Stores unless you are aged 18-years-old or older and by
    making an order for goods or services through the Stores, you warrant to us
    that you are aged 18-years-old or older, and that you have the legal right
    and capacity to order goods or services through the Stores.


15. WHAT LAW GOVERNS THESE TERMS?

These Terms are governed by and construed in accordance with the laws of the
State of Victoria, Australia and you submit to the non-exclusive jurisdiction of
the courts in that state.


16. CARSALES MAY CHANGE ITS TERMS

(a) carsales may modify or amend its terms and conditions for its goods or
services from time to time. Modifications of these Terms (and terms and
conditions linked to these Terms) take effect once displayed on this website or
app, however will only apply to your use of the carsales Network after that date
and will not affect any accrued rights or obligations under the prior terms and
conditions.

(b) carsales may, acting reasonably, cease to provide you with access to the
carsales Network or any of its services without notice.

(c) All rights not expressly granted are reserved.


17. CONTACT CARSALES

If you have a question, issue or need to contact us:



Phone: (03) 9093 8600
Email - questions:
Contact form
Email - complaints:
Complaints form



Version 8 (8 November 2023)

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In the spirit of reconciliation we acknowledge the Traditional Custodians of
Country throughout Australia and their connections to land, sea and community.
We pay our respect to their Elders past and present and extend that respect to
all Aboriginal and Torres Strait Islander peoples today.
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