About OzCar Connect
OzCar Connect Pty Ltd ("OzCar Connect") is an exciting and better way for private sellers to advertise and sell their motor vehicles. The services of OzCar Connect are not available to licensed motor dealers or other Commercial Sellers without the prior written consent of OzCar Connect.
Terms and Conditions
(b) any dealing between OzCar Connect and a Seller who requests OzCar Connect to open an OzCar Connect Account for the potential sale of a Vehicle by making use of the Website;
(c) any dealing between OzCar Connect and a Purchaser or potential Purchaser;
(d) any dealing between a Seller and a Purchaser via (or as a consequence of) the Website in relation to the sale and purchase (or potential sale and purchase) of a Vehicle;
(e) the creation or use of an OzCar Connect Account by a Seller and/or its subsequent administration by that Seller or by OzCar Connect;
(f) the making of an Advertising Request by a Seller and the dealing with such request by OzCar Connect;
(g) the publication by OzCar Connect of an Advertisement in accordance with an Advertising Request by a Seller; and/or
(h) the use of a Connect Point by any party for the purposes of a Private Car Transaction.
1. Definitions and Interpretation
Advertisement means an advertisement for the sale by a Seller of a Vehicle, in a format required or approved by OzCar Connect, and which is published by OzCar Connect on the Website.
Claim means any claim, cost (including legal costs and expenses on an indemnity basis), damages, debt, expense, tax, liability, loss, obligation, allegation, suit, action, demand, cause of action, proceedings or judgment of any kind however calculated or caused, and whether direct or indirect, consequential, prospective, incidental or economic and includes any claim that may be capable of being brought on behalf of another person or entity.
Commercial Seller means an entity that is:
(a) a licenced motor dealer;
(b) a commercial motor dealer; or
(c) someone acting as a paid or commercial agent for the owner of a Vehicle;
unless authorised in writing by OzCar Connect.
Connect Point means a location designated by OzCar Connect as being available for use as a meeting location between a Seller and a Purchaser for a Private Car Transaction.
Connect Point Reservation Confirmation means a written reservation confirmation provided by OzCar Connect to the Seller who made the Connect Point Reservation Request, and to the relevant Purchaser, confirming the date on and time at which a designated part of a Connect Point will be available for a Private Car Transaction between those parties.
Connect Point Reservation Request means a request by a Seller to OzCar Connect, in such manner as OzCar Connect from time to time directs, to reserve a requested Connect Point for use by the Seller and a Purchaser for a Private Car Transaction on a requested date and at a requested time.
Fee means the fee payable by a Seller to OzCar Connect for the publication on the Website of the Seller’s Advertisement.
Intellectual Property means any and all intellectual and industrial property rights or entitlements throughout the world held by the rightful owner including those connected with any copyright (including future copyright and rights in the nature of or analogous to copyright), moral rights, inventions (including patents), trade marks, service marks and designs, whether or not now existing and whether or not registered or registrable, as well as any right to apply for the registration, renewals and extensions of those rights.
Law includes any requirement of any statute, rule, regulation, proclamation, ordinance or by-law, present or future within New South Wales or otherwise within Australia.
OzCar Connect Account means an account with OzCar Connect registered to a Seller, opened and operated in such manner as advised by OzCar Connect from time to time.
Particulars means the Seller's personal details, details regarding the Vehicle and/or images of the Vehicle requested by OzCar Connect as part of it publishing the Advertisement.
Private Car Transaction means the meeting between a Seller and a Purchaser at which that Purchaser is able to inspect that Seller's Vehicle and at which those parties are able to further the proposed transaction between them with respect to that Vehicle.
Purchaser means a person (or persons) who has dealings with a Seller via (or as a consequence of) the Website in relation to a Vehicle, whether or not any sale or purchase eventuates.
Related Parties has the meaning given to it in clause 13(c)(ii).
Seller means a person (or persons) who is the seller or proposed seller of a Vehicle via the Website, and who is not a Commercial Seller, whether or not any sale eventuates.
Unauthorised Commercial Seller means a Commercial Seller other than a Commercial Seller authorised in writing by OzCar Connect.
You and Your mean any party to whom these Terms & Conditions apply who is not OzCar Connect.
Vehicle means the vehicle that a Seller is seeking to sell and which has been Advertised by OzCar Connect on the Website as being for sale.
Website means www.ozcar.com.au or such other website as may be used by OzCar Connect in the provision of its services from time to time.
Unless the context otherwise indicates:
(a) reference to "Seller" or "Purchaser" includes any Related Party to that party;
(b) reference to the singular includes the plural and vice versa;
(c) reference to any gender includes the other genders;
(d) reference to a person includes a corporation and vice versa;
(e) reference to a party includes that party's executors, administrators, successors and permitted assigns;
(f) every obligation entered into by two or more parties binds them jointly and each of them severally;
(g) where any word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning; and
(h) "including" and similar expressions are not words of limitation.
2. Use of Website
2.1 You may only use the Website for personal purposes and for the purposes for which it is intended.
2.2 By using the Website, you acknowledge that You do so at Your own risk.
3. Advertising Request
(a) An Advertising Request can be made only by a Seller who is:
(i) at least eighteen (18) years of age;
(ii) the holder of an OzCar Connect Account; and
(iii) holds all right, title and interest in the Vehicle.
(b) For the avoidance of doubt, a Seller can be more than one person and, if the Seller is more than one person:
(i) they must jointly hold all the right, title and interest in the Vehicle; and
(ii) these Terms & Conditions will apply to them jointly and severally.
(a) If You submit an Advertising Request to OzCar Connect You must ensure that:
(i) You are not an Unauthorised Commercial Seller;
(ii) the Advertising Request:
(A) complies with all relevant Laws;
(B) is complete and otherwise includes all relevant details and images requested and/or required by OzCar Connect in relation to an Advertising Request to compile an Advertisement; and
(C) relates to the sale of one vehicle only;
(iii) all Particulars provided by You as part of the Advertising Request:
(A) are accurate and free from any error (manifest or otherwise);
(B) do not include and/or contain any:
(1) references to third parties;
(2) links to any third party websites;
(3) offers for referrals;
(4) material and/or content that is misleading or deceptive (or likely to mislead or deceive), obscene, offensive or defamatory or which contains adult content; and/or
(5) other material and/or content and/or offer that is contrary to Law;
(iv) You are the owner of, or otherwise authorised to use, any Intellectual Property that is contained in Your Advertising Request and/or Advertisement; and
(v) You will comply with any requests made by OzCar Connect for proof of ownership of any material and/or Vehicle contained in Your Advertising Request.
(b) OzCar Connect may accept Your Advertising Request at its sole and unfettered discretion. Any Fee received by OzCar Connect with respect to an Advertising Request which is not accepted by OzCar Connect will be refunded to the payee of that Fee.
4. Responsibilities of Seller
Once an Advertisement has been Published by OzCar Connect the
Seller is responsible for requesting that OzCar Connect remove or withdraw the Advertisement as soon as possible after:the Seller decides that the Vehicle is to be withdrawn from sale; and/or
(a) the Vehicle is sold;
(whichever first occurs).
(a) OzCar Connect:
(i) has absolute discretion as to whether or not it will accept any Advertising Request and publish any Advertisement;
(ii) will not publish any Advertisement that is the subject of an Advertising Request that has not been prepared in accordance with these Terms & Conditions;
(iii) does not need to advise its reasons if it decides not to accept an Advertising Request and/or publish any Advertisement;
(iv) may withdraw and/or alter at any time, any Advertisement it has published on the Website or republished on a third party website if it becomes aware and/or determines that You:
(A) have breached these Terms & Conditions;
(B) have unauthorised content in Your Advertisement;
(C) are an Unauthorised Commercial Seller;
(D) were not entitled to make the Advertising Request for any reason; or
(E) have not logged onto Your OzCar Connect account for 28 days; and
(v) has complete editorial control over Your Advertisement once You have submitted Your Advertising Request.
(b) By submitting Your Advertising Request to OzCar Connect, You acknowledge and accept that:
(i) OzCar Connect may, in its absolute discretion:
(A) republish Your Advertisement, or allow or authorise the republication of Your Advertisement for a fee or otherwise, on third party websites, search engines and other applications; and/or
(B) alter or amend Your Advertisement pursuant to these Terms & Conditions; and
(ii) publication of any Advertisement on the Website and/or any other republication of any Advertisement by OzCar Connect does not create any relationship of agency between You and OzCar Connect.
(a) By submitting an Advertising Request, if the Seller You warrant that:
(i) You are at least 18 years of age;
(i) You have full right, title and interest in the Vehicle;
(ii) the Vehicle is, and will be until it is sold, within Your possession, power and control;
(iii) You are not a Commercial Seller which has not been authorised in writing by OzCar Connect to use its services;
(iv) there are no legal matters of which You are aware, or ought to be aware, that may impact Your authority and/or right at Law to sell the Vehicle;
(v) the Particulars supplied to OzCar Connect in relation to the Advertising Request:
(A) comply will all relevant Laws;
(B) are accurate and free from any error, manifest or otherwise;
(C) do not include and/or contain any:
(1) material and/or content that is misleading or deceptive (or likely to mislead and deceive), obscene, offensive, defamatory or contains adult content; or
(2) other material and/or content and/or offer that is contrary to Law;
(vi) You are the owner of Intellectual Property associated with the Particulars and are authorised to provide OzCar Connect with the licence set out in clause 10(b) of these Terms & Conditions; and
(vii) at the time of placing the Advertising Request, the Vehicle described in the Advertisement is:
(A) located in Australia;
(B) fit for purpose; and
(C) available for immediate inspection and sale;
(together, the “Seller Warranties”).
(a) You indemnify and hold OzCar Connect, its officers, employees, agents and contractors harmless from any and all Claims and/or other liabilities arising directly and/or indirectly, now or in the future, out of or in connection with any:
(i) (in relation to the Seller only) publication and/or republication of the Advertisement by OzCar Connect;
(ii) non-compliance or breach of these Terms & Conditions by You;
(iii) act or omission of Yours in relation to the agreed arrangements dealt with by these Terms and Conditions;
(iv) negligence of Yours in relation to any matter to be dealt with by You under these Terms & Conditions;
(i) (in relation to the Seller only) breach by the Seller of any of the Seller Warranties;
(ii) (in relation to the Seller only) breach of any representations made to OzCar Connect by the Seller in relation to an Advertising Request and/or an Advertisement;
(iii) the use or misuse of the Vehicle by any Purchaser;
(iv) (in relation to the Seller only) dealings with any Purchaser;
(v) (in relation to a Purchaser only) dealings with the Seller;
(vi) any damage to the property of OzCar Connect or its related entities caused by You; and
(vii) attendance at any Connect Point by You.
8. Limitation of Liability
8.1 You acknowledge and agree that OzCar Connect:
(a) provides an advertising service which links sellers of motor vehicles to potential purchasers and therefore acts only as a facilitator in relation to the potential sale and purchase of such vehicles that are the subject of an Advertisement; and
(b) its officers, employees, agents and contractors cannot and will not be held liable for any Claim and/or other liability that arises (either directly or indirectly) out of or in connection with any:
(i) transaction and/or impending or prospective transaction between any Seller and any Purchaser in relation to any Vehicle, including any:
(A) negotiations between the Seller and Purchaser;
(B) terms agreed upon by the Seller and Purchaser regarding the sale and purchase of a Vehicle;
(C) communications and/or interactions or meetings between the Seller and the Purchaser (whether at the Connect point or otherwise);
(D) inspection of the Vehicle or the result of any such inspection; and/or
(E) attendance at a Connect Point (authorised or otherwise);
(ii) Advertisement and/or its contents;
(iii) Seller’s non-compliance with these Terms & Conditions;
(iv) Purchaser’s non-compliance with these Terms & Conditions;
(v) Seller’s breach of the Seller Warranties;
(vi) Seller breach of any warranty and/or representation made to:
(A) OzCar Connect in relation to an Advertising Request and/or an Advertisement; and/or
(B) the Purchaser in relation to the Vehicle itself and the sale of the Vehicle to the Purchaser;
(i) Purchaser breaching any promises, arrangements and/or representations made to the Seller in relation to the purchase of the Vehicle from the Seller;
(ii) wilful act or omission of the Seller and/or Purchaser;
(iii) negligence of the Seller;
(iv) negligence of the Purchaser;
(v) the use or misuse of any OzCar Connect Account;
(vi) attendance at a Connect Point by the Seller; and/or
(vii) attendance at a Connect Point by the Purchaser,
and to the fullest extent permitted by law, You release and discharge OzCar Connect from any Claim with respect to all or any of these circumstances.
(a) does not warrant or represent that:
(i) the content of and/or the material disclosed on the Website is free from error or technical inaccuracies or defects; and
(ii) that the Website and/or any link, file or program available for use, download and/or execution from or via the Website is or shall be free from any viruses or other conditions which could damage or interfere with any other data, hardware or software with which it might be used,
and to the fullest extent permitted by law, You release and discharge OzCar Connect from any Claim with respect to all or any of these circumstances.
9. Fee and Payment
(a) The Seller must pay the Fee at the time the Advertising Request is submitted.
(b) An Advertising Request will not be considered by OzCar Connect until the Fee has been paid.
(c) If the Seller fails to make payment of the Fee to OzCar Connect as specified by OzCar Connect from time to time, or if any credit card payment is declined or unable to be processed for any reason:
(i) OzCar Connect may, in its sole discretion, chose to withdraw the relevant Advertisement (if already published); and
(ii) OzCar Connect may close or revoke access to the relevant OzCar Connect Account (if already in operation);
(iii) authority to access any Connect Point may be revoked.
10. Your Intellectual Property
By submitting an Advertising Request You:
(a) confirm that You are the owner of all and any Intellectual Property associated or submitted with the Advertising Request or otherwise have proper authority to use it in the Advertisement; and
(b) grant OzCar Connect an irrevocable and royalty free licence to reproduce, republish, alter and use that Intellectual Property in any reasonable manner which OzCar Connect wishes to do so as regards the Advertising Request and for the purposes of the Advertisement.
11. OzCar Connects' Intellectual Property
10.1 You acknowledge and agree that the Website and all content which exists on the Website:
(a) belongs exclusively to OzCar Connect or its licensors, unless otherwise expressly stated; and/or
(b) is protected by copyright, trade mark or other intellectual property rights and laws.
10.2 You must not use the Website and/or any of its content, in part or in whole, o any commercial purpose.
10.3 You must not use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify or create any derivative works from all or any part of any content appearing on the Website or assist any person to do so.
12. OzCar Connect Account
(b) You are responsible for keeping the security details for accessing Your OzCar Connect Account safe and not disclosing them to anyone else.
(c) Any registration details You use to create Your OzCar Connect Account must be accurate and personal to You and must not be used by anyone else. You are responsible for any use of any security access information to Your OzCar Connect Account and keeping the details accurate and complete.
(A) be the holder of only one OzCar Connect Account;
(B) not maliciously create additional OzCar Connect Accounts; and
(C) inform OzCar Connect if there has been a change to Your OzCar Connect Account details;
(i) will be liable:
(A) if Your OzCar Connect Account is misused by an unauthorised person; and
(B) for any Claims and/or other liabilities arising out of incorrect, misleading and/or incomplete information provided by You; and
(ii) indemnify OzCar Connect from any Claims and/or other liabilities associated with any of the circumstances mentioned in this clause 12.
(a) If, for any reason, OzCar Connect believes on reasonable grounds that You have not complied with these Terms & Conditions, or that You are misusing, or allowing the misuse of, Your OzCar Connect Account in any way, OzCar Connect may, at its sole discretion, cancel, suspend or otherwise restrict Your access to Your OzCar Connect Account immediately and without giving You any advance notice.
13. Connect Point
(a) During the period in which an Advertisement is published on the Website, the Seller who is the owner of the Vehicle depicted in that Advertisement is:
(i) authorised to use a Connect Point in accordance with a Connect Point Reservation Confirmation and these Terms & Conditions; and
(ii) entitled to invite one Purchaser at a time to use a Connect Point;
for a Private Car Transaction.
(b) In order to use a Connect Point the Seller must first:
(i) submit a Connect Point Reservation Request to OzCar Connect with such details as OzCar Connect requests or requires; and
(ii) receive a Connect Point Reservation Confirmation from OzCar Connect.
(c) You acknowledge and agree that:
(i) a Connect Point is to be used :
(A) for a Private Car Transaction only; and
(B) only at the time allocated in the Connect Point Reservation Confirmation and for no more than one hour; and
(C) no more than 3 times per week with respect to the one Vehicle.
(ii) each of the Seller and the Purchaser is permitted to bring a maximum of two other parties to the Connect Point with them without the prior consent of OzCar Connect (“Related Parties”);the Vehicle that is the subject of the Advertisement published by Ozcar Connect and one vehicle by the Purchaser are the only vehicles permitted to enter the Connect Point, except with the prior consent of OzCar Connect;
(i) by entering into the Connect Point, the Seller and the Purchaser agree to abide by such terms and conditions of entry as may be displayed at the entrance of the Connect Point; and
(ii) You must use only the part or parts of the Connect Point allocated to them in the Connect Point Reservation Confirmation, unless otherwise directed by OzCar Connect.
14.1 Changes: OzCar Connect may, at any time and from time to time, without notice or liability, amend these Terms & Conditions.
14.2 Currency: All and any amounts referred to on the Website are in Australian dollars.
14.3 Third party websites: Links to other websites contained on the Website (Third Party Websites) are provided by OzCar Connect for Your information only and:
(a) do not constitute or indicate, expressly or impliedly, any endorsement by OzCar Connect of the Third Party Website, its content or any products or services provided on that Third Party Website;
(b) OzCar Connect does not accept any responsibility for any Third Party Website and/or any content or material contained on any Third Party Website; and
(c) You access any Third Party Website and/or use of any products and/or services available on those Third Party Website solely at Your own risk.
14.4 Severability: Each provision of these Terms & Conditions is severable and these Terms & Conditions shall remain enforceable even if individual provisions are removed or deemed unenforceable.
14.5 Applicable law & jurisdiction: Terms & Conditions are governed by and shall be construed and enforced in accordance with the laws of the State of New South Wales, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the Federal Courts of Australia.
14.6 Access from Outside Australia: OzCar Connect makes no representations that the content of the Website complies with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at Your own risk and You are responsible for complying with the laws in the place from which you access the Website.