Welcome to the Carsales Network
Terms and conditions of use
CAR Group Limited (formerly carsales.com Limited) is pleased to provide you with access to the network of websites, apps and related services operated by CAR Group 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, and the carsales vehicle search engine wherever distributed on the internet (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.
- About the carsales Network
- 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”).
- 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.
- Personal and non-Commercial Use Only
- 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 do any of the following or authorise a third party to do that thing on your behalf :
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
- use or attempt to use any Material to create any website, publication or searchable database;
- mirror or frame any website or Material from the carsales Network;
- 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;
- use any manual process to make multiple copies of Material or to compile any document, index or database based on the Material;
- publish, transfer or sell any Material, information or functionality derived from the carsales Network; or
- 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.
- 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.
- You are responsible for use of the carsales Network
- 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.
- 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 reasonable 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.
- 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.
- 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 such as the Tyresales Retail Customer Terms and Conditions which are located here . 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.
- carsales’ liability to you
- Other than as set out in this clause, and to the full extent permitted by law, all 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.
- 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 total fees paid by you to us for the relevant goods or services, or (ii) $1,000.
- 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.
- For the purposes of this section, the term carsales means carsales, its officers, employees, contractors and agents, whether individually or collectively.
- This clause 5 will survive any expiry or termination of these Terms.
- 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.
- Copyright, Trademarks and Licence
- 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").
- You may:
- 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
- not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
- 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.
- Your carsales Network account (previously “member account”)
- 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.
- 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.
- 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.
- 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.
- Communications services
- 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”).
- 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.
- Use of the Communications Services is provided on condition that you do not:
- transmit any information or material which is 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 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 user's computer or damage any of the carsales Network (infrastructure or content);
- 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 other than as approved in writing 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;
- 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
- authorise, aid, abet encourage or incite any person to do any of the above acts.
- To the extent permitted by law, carsales 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 use of the carsales Network of any person reasonably determined by carsales to be in breach of these Terms.
- Software services
- Any software, including HTML code, that is made available to download from the carsales Network ("Software") is owned by carsales and/or its suppliers.
- 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.
- 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
- copy, reproduce, translate, adapt, vary or modify in whole or in part, the Software;
- 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;
- introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
- sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
- Redbook (vehicle data)
- 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. You should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information.
- To the extent permitted by law, 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.
- carsales and your privacy
- 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.
- carsales may change its terms
- carsales may modify or amend its terms and conditions 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.
- carsales may, acting reasonably, cease to provide you with access to the carsales Network or any of its services without notice.
- All rights not expressly granted are reserved.
- 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 9 (27 November 2023)
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