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Terms of use
The fine print and our commitment to keeping your information safe and secure.
Welcome to www.carconnect.com.au (the “Website”). The Website is owned and operated by carconnect Pty Ltd ACN 104 742 449 (referred to below as “carconnect”, “we” and “us”).
The use of this Website is subject to the following Terms and Conditions, our Privacy Policy and any additional terms and conditions and notices displayed by us on this Website from time to time, including specific terms governing your use of, and access to, certain sections of the Website (together, Terms of Use).
Please read the following Terms of Use carefully before using the Website.
1. Acceptance
These Terms of Use govern your access to and use of the Website, including any information, content or materials that are located on, form part of or are available through or in connection with the Website (“Website Material”).
By browsing, accessing or using the Website or by using any facilities, tools or services made available through it or by transacting through or on it, you acknowledge and warrant that you have read, understood and agree to be bound by the Terms of Use and any additional terms and conditions notified to you from time to time.
The Terms of Use form a legally binding agreement between carconnect and you. If you do not agree to the Terms of Use, you must immediately exit and not access or use the Website.
2. Payments
All payments made through the website are in Australian Dollars
All Payments are subject to our refunds policy as outlined in our order documentation
All carconnect services are only available in Australia to Australian residents
3. Website Users
Subject to these Terms of Use, you may browse certain parts of our Website anonymously via the Internet and without providing us with any personally identifying information.
In order to make use of the full functionality of the Website, including if you make enquiries in relation to vehicles advertised on the Website or make other enquiries with us, we may need to collect your personal information. Any personal information we obtain from you will be collected, stored and used in accordance with our Privacy Policy.
4. Website & Website Materials
Unless expressly stated otherwise:
the content of this Website, including all Website Materials, is general in nature and carconnect makes no warranty as to the accuracy or authenticity of the content of the Website; and
any prices, quotes, description of vehicles and other materials displayed on the Website are for presentation purposes and indicative only.
We do not accept any liability to any person for the information or advice (or the use of such information or advice), which is provided on the Website or incorporated into it by reference. The information on the Website is provided on the basis that all persons accessing the Website undertake responsibility for assessing the relevance and accuracy of its content before relying on that information.
These terms and conditions do not form part of the terms and conditions that will apply if you ultimately purchase a vehicle via carconnect. The terms and conditions which apply in relation to your purchase of a vehicle will be set out in a separate contract between you and carconnect.
5. Links to other websites
The Website may contain links to third party sites. Such third party websites are necessarily beyond our control and we make no representation or warranty as the accuracy or reliability of any information, data, opinions, advice or statements of their content. carconnect is not responsible for the policies and practices of internet websites operated by persons other than carconnect, even if: (i) you access them using links on this Website; or (ii) are directed or link to this Website using links on such websites, and recommends that you carefully review the terms and conditions of use and privacy policy of every internet website you access or use.
6. Acceptance and release from liability
You are wholly responsible for your participation on the Website and you use the Website at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of the Website or your conduct in connection with the Website in any circumstance
You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website, including any breach by you of these Terms of Use.
To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the Website. You may have rights under the Competition and Consumer Act 2010 (Cth) in respect of any goods or services supplied to you under these Terms of Use. If so, our liability to you is limited to, at our election:
in the case of goods supplied to you by us, replacement of the goods or supply of equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods or paying the cost of having the goods repaired; or
in the case of services supplied or offered by us, the supply of the services again or paying the cost of having the services supplied again.
Otherwise, to the maximum extent permitted by law, neither carconnect nor any of its officers, directors, employees, contractors, agents, information providers, suppliers, associated entities or clients will be liable for any loss, damage, cost or expense (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any information or material provided on this Website or otherwise as a result of or in connection with the use of this Website or any information or material provided on or through this Website.
7. Prohibited activities
When using this Website, you must not:
infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
reproduce any Website Content (as defined below) without our express written permission, which we may grant or withhold at our absolute discretion;
seek reimbursement from any other party for access to the Website or on-sell any information obtained from the Website;
engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose;
submit, post, upload, email or otherwise send or transmit to the Website, or any user of the Website, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Website; or
interfere with the Website or the servers or networks underlying or connected to the Website or violate any of the procedures, policies or regulations of the Website or any networks connected to the Website.
8. Security
We use our reasonable endeavors to minimise viruses and bugs from infiltrating the Website, however, due to the nature of the internet, the Website may be affected by viruses or bugs from time to time. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked.
9. Intellectual Property
The Website contains a broad range of content owned by carconnect, its related bodies corporate, suppliers and partners, some of which is protected by intellectual property laws. You acknowledge and agree that nothing in these Terms of Use grants you any right to, title in or licence of such content, and that you will access the Website in accordance with all applicable laws.
The entire contents and design subsisting in, relating to or arising out of the Website and available through or in connection with the Website including but not limited to copyright, logos, trademarks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the “Website Content”) are the intellectual property of carconnect, our content providers or our licensors, with all rights reserved.
You must not do anything, or omit to do anything, which may infringe these intellectual property rights, except with our express written permission. This includes reproducing any part of the Website or Website Content.
Unless we agree otherwise in writing, you are provided with access to this Website only for your personal, non-commercial use. You are authorised to print a copy of any information contained on this Website for your personal use, provided that you keep all copyright or other proprietary notices intact.
10. Applicable Law
The content, operation and interpretation of this Website and the Terms of Use will be governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of Victoria in the event of a dispute arising out of, or in connection with, this Website.
This Website may be accessed throughout Australia and overseas. carconnect makes no representation that the content provided by this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring that your access to this Website is not illegal or prohibited by laws which apply to you.
11. Changes to Terms of Use
carconnect may, from time to time and with or without notice to you, make changes to this Website, the Website Material and the Terms of Use. If we do so, an amended version of these Terms of Use will be posted on the Website.
Your continued use of the Website after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes, your only remedy is to discontinue your use of the Website. You are responsible for keeping up to date with any changes by regularly reviewing these Terms of Use.
12. General
If there is a contradiction or inconsistency between these Terms of Use and any other notices, policies, communications or documents relating to the Website, these Terms of Use shall prevail to the extent of that contradiction or inconsistency.
In these Terms of Use, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Use.
Your rights and obligations under these Terms of Use are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. We may assign, transfer, sub-contract or otherwise dispose of any or all of our rights and/or obligations under these Terms of Use without notice to you.
carconnect will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of this Website and the Website Material or any delay or other failure by carconnect to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond carconnect’s control.
These Terms of Use, together with any additional terms and conditions or usage rules set out or referred to on the Website from time to time, constitute the whole agreement between us relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.
If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction shall not be affected.