carfacts Website Terms of Use

Welcome to carfacts and the carsales network

carfacts is a service offered by carsales.com.au Pty Ltd, Australia's leading automotive marketplace. carsales.com.au Pty Ltd is pleased to provide you with access to its network of websites and related services owned or operated by carsales.com.au Pty Ltd and its related bodies corporate (carsales) including, but not limited to www.carsales.com.au, www.bikesales.com.au, www.quicksales.com.au, www.boatsales.com.au, www.autogate.com.au, www.boatpoint.com.au, www.farmmachinerysales.com.au, www.caravancampingsales.com.au, www.valueguide.com.au and www.carfacts.com.au and the carsales vehicle search engine wherever distributed on the internet (the “carsales network”) on these terms and conditions.

By accessing or using the carsales network you agree to be bound by these terms and conditions of use as amended from time to time.

About the carsales network

carsales publishes or makes available on the carsales network information, advertisements, product and service offers, vehicle data, valuations, Software and links 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 network or on any web site that links from the carsales network.

carsales does not and cannot 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 for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.

Personal and Non Commercial Use Only

Use of the carsales network is for your personal and non-commercial use only. This includes Material held in your computers cache or a single permanent copy of the Material for your personal use. You must not:

• modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
• use or attempt to use any Material published on the carsales network to create any web site or publication;
• mirror or frame any web site or page within the carsales network;
• use any automated process of any sort to query, access or copy any Material on the carsales network or generate or compile any document or database based on the Material published on the carsales network; or
• transfer or sell any information, functionality or products or services offered on the carsales network;

without the written approval of carsales. carsales may terminate your right to access and use the carsales network at any time.

You are Responsible for the use of the carsales network

Whilst carsales takes care to ensure that the Material on the carsales network is correct, current and free from errors, carsales does not warrant the accuracy or completeness of or the representations made by the Material on the carsales network or any web site that links from the carsales network or any information received as a result of using the carsales network.

The services and Material made available on the carsales network are provided as general information only. carsales does not warrant that the services and Material are 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.

If carsales suffers any loss or damage or incurs any cost in connection with a breach by you of these terms and conditions you agree to indemnify carsales for all such loss and damage.

Goods and Services Provided By carsales

If carsales offers goods or services to you, including advertising any item for sale on the carsales network, the services may be 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.

Goods and Services Provided By Third Parties

If goods and services are offered on or through the carsales network by third parties (sellers):

• vehicle prices may not include government and statutory charges;
• You are responsible for all relevant searches including, any written-off vehicle register or register of security interests;
• 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.

carsales Responsibility to You is Limited

carsales will only be liable to You:

• where the law implies a term into these terms and conditions which cannot be excluded and carsales breaches that term. Provided that, where the breach relates to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption and where it is fair and reasonable to do so carsales liability is limited , at its option, to replacing, repairing or re-supplying the relevant goods or re-supplying the relevant services; or
• if the claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by carsales.

Other than as set out above carsales, will not be liable to You:

• for claims arising out of or in connection with your access and use of the carsales network and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and
• 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.

Copyright, Trademarks and Licence

Material on the carsales network is © carsales.com.au Pty Ltd. All rights reserved. Unless otherwise indicated on the carsales network, the material on the carsales network 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;
• not alter or modify the Copyright Material or remove any legal notice associated with it.

carsales.com.au and other names of carsales product and/or services referenced herein are trademarks or registered trademarks of carsales.com.au Pty Ltd. Other product and company names mentioned on the carsales network may be the trademarks of their respective owners.

In consideration of carsales allowing you to access and use the carsales network you grant to carsales a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as carsales determines from time to time (subject to the carsales Privacy Policy).

Communications Services

carsales may provide you with the ability to communicate with carsales, the carsales network, Sellers, advertisers and users of the carsales network through agreements, online forms, IVR, 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 should not be considered 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 defamatory, infringing, obscene, indecent or unlawful information or material or information;
• 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, or any other similar software or programs that may damage the operation of another's computer;
• 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 network;
• authorise, aid, abet encourage or incite any person to do any of the above acts.

carsales may, but has no obligation to do so, review the use of the Communications Services by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.

Software Services

Any software, including HTML code and ActiveX controls, 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 (“License Agreement”). You must agree to the terms of the License Agreement before using the Software.

If there is no License 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 conditions, and for no other purpose. You must not:

• not copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
• not 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;
• not introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
• not 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

Automotive Data Services Pty Ltd (RedBook) has prepared its data and valuations from information gathered from a variety of sources. Whilst all care is taken in producing the data and valuations, RedBook 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.

carfacts History Reports

All reports provided by carfacts are prepared by carsales.com.au Pty Ltd (carfacts) utilising information from Automotive Data Services Pty Ltd (RedBook) and government services as well as data submitted by You. While carfacts has used its best efforts to provide correct information, it does not guarantee or make any representations regarding the accuracy or suitability of reports for your needs. To the full extent permitted by law, carfacts will not be liable for any loss or damage relating to your use of, or reliance on, carfacts History Reports. In all instances you should revert to the Serial Number Search Certificate from the Personal Property Securities Register (PPSR) attached to each carfacts History Report.

What Law Governs these Terms and Conditions

This Agreement is governed by and construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

carsales May Change These Terms and Conditions

carsales may, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including these terms of use and such modifications will be binding upon you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.

carsales may 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/carfacts

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

13 SALE (13 72 53)

Location:	449 Punt Road, Richmond VIC 3121
Postal Address:	Locked Bag 9001, Richmond VIC 3121
Phone:	13 SALE (13 72 53)
Email:	customercare@carsales.com.au