Buyer means any person using this Site for the purpose of purchasing a Car from another user of this Site;
Car means a motor vehicle as defined by section 4 of the Motor Dealers and Repairers Act 2013 (NSW);
“CarWant", “we", “us" and “our" means Car Want Pty Limited (ABN 48 600 353 777);
Content means any information, text, graphic, illustrations, photographs, audio, video, links, user interfaces, visual interfaces, artwork, computer code, any combination of these or other material;
Personal Information means information that can be used to reasonably identify an individual.
Seller means any person using this Site for the purpose of selling a Car to another user of this Site;
Site means CarWant's website with the address at Carwant.com.au and Carwant.net.au or any other CarWant's website addresses as updated by CarWant from time to time;
“You" and “your" refers to the Buyers, Sellers or any other users of the Site.
2. YOUR USE OF THIS SITE
2.1. The Content contained in this Site are provided “as is" and “as available" and on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk. You cannot hold CarWant liable for the accuracy of the Content. It is your own responsibility to ensure that any products, services or information available through the Site meet your specific requirements.
2.2. All Content on the Site may be changed at CarWant's sole discretion and without notice.
2.3. These Terms and Conditions are subject to amendment at our discretion from time to time. However, any changes to these Terms and Conditions will be published on this Site. We will make reasonable endeavours to draw your attention to these changes, but you are responsible for reading and understanding the changes we make to these Terms and Conditions. In case you disagree with any part of any changes made to the Terms and Conditions, please discontinue to use or access to the Site. Your continued use of the Site after the changes means that you agree to be bound by the Terms and Conditions as amended.
2.4. Your use of this Site does not constitute an agency relationship or any other similar relationship between you and us.
3. CONDITIONS TO USE THIS SITE:
3.1. In order to use this Site, you must: (a) Be 18 years old or over; and
(b) Set up an account with CarWant.
3.2. You shall not:
(a) use this Site or the Content for unlawful purposes;
(b) publish any Content that is illegal, fraudulent, misleading, deceptive, obscene, offensive, defamatory, or in any way unsuitable for people under eighteen (18) years old;
(c) publish any inaccurate, misleading or deceptive information;
(d) sell any Car that is not available for sale, that you are not the owner of, or that you do not have the right to sell. Whether a Car is available for sale, is owned by you or you have the right to sell a Car shall be determined as of the time when you make an offer to sell the relevant Car;
(e) publish any Content that includes an offer of or referral to any services; or
(f) publish any Content that infringes the intellectual property rights or moral rights of any person.
3.3. You shall not without the prior written approval of CarWant:
(a) modify, copy, distribute, transmit, display, perform, reproduce, publish or license any part of the Site or any Content;
(b) use or attempt to use any Content published on CarWant to create any web site or publication or searchable database;
(c) mirror or frame any web site or page from the Site or the Content;
(d) use any automated process of any sort to query, access, retrieve, scrape, data- mine or copy any Content on the Site or generate or compile any document, index or database based on the Content published on the Site;
(e) transfer or sell any information, functionality or products or services offered on the Site; or
(f) undertake any other action which is in violation of these Terms and Conditions (or other terms and conditions and policies referred to in these Terms and Conditions) or any applicable law.
3.4. We reserve the right to amend or remove any of the Content published by you if we consider that the publication of such Content violates the provisions of clauses 3.2 or 3.3 above or any applicable laws.
3.5. You waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.
4. ADDITIONAL SERVICES PROVIDED BY CARWANT
Any additional services offered by CarWant to you are subject to additional terms and conditions. If there are any inconsistency between these Terms and Conditions 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 SELLERS
If you purchase any cars, goods and/or services offered on or through CarWant by any Sellers:
5.1. You are responsible for making all relevant searches, enquiries and investigations in relation to any listed cars including without limitation to, the accuracy of the information, any written off Car register or register of security interests (including the Personal Property Securities Register or otherwise);
5.2. By using the Site, you agree that CarWant does not: (a) act as any person's agent or broker;
(b) arrange any contract between you and any person or;
(c) provide any warranty in relation to any persons, cars, goods or services. In particular, CarWant provides no warranty in respect of who owns a car, whether the Seller has the right to sell a Car or whether the Buyer has the means to pay for the car, or whether the Car conforms to the description on the Site;
5.3. CarWant will not be responsible for:
(a) the terms of any transaction between you and any person; (b) any goods or services purchased by you from any person; or (c) resolving any dispute between you and any person.
6.2. You must keep your username and password to access the Site secure and confidential and not provide those details to any third party under any circumstances. You represent and warrant to CarWant that you accept all liability for any unauthorised use of any username and password issued to you.
7. INTELLECTUAL PROPERTY
7.1. All intellectual property in relation to Content on this Site belongs to CarWant or its licensors, advertisers or affiliates (as the case may be). You obtain no interest in that intellectual property by accessing or using the Site. All Content on this Site is protected by Australian and international copyright and other intellectual property laws. You agree not to do anything which interferes with or breaches those laws or the intellectual property rights in the Content.
7.3. The Site contains Content which is owned by or licensed to us. This Content includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with a copyright notice issued by CarWant.
7.4. By accessing and using CarWant's platform or services, you grant to CarWant a non- exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any Content you post. You warrant that you have all necessary rights in the Content that you contribute and that it does not infringe any law. You indemnify CarWant against any liability, loss, claim, cost or expense arising out of or in connection with a breach of that warranty.
8. THIRD PARTY LINKS
8.1. From time to time this Site may also include links to other website(s). The links to other websites from this Site:
(a) do not signify that CarWant endorses the linked website(s);
(b) do not signify that CarWant has any responsibility for the contents of the linked website(s);
(c) do not indicate any representative or agency relationship between CarWant and the linked website(s).
9. NO WARRANTY
9.1. We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Content found, offered or appeared on the Site for any particular purpose. You acknowledge that such Content may contain inaccuracies or errors and we expressly exclude any liability for any such inaccuracies or errors to the fullest extent permitted by law.
9.2. We do not guarantee or warrant that the Site is free of disruption, errors, defects, missing links, malfunctions, dysfunction, viruses, bugs and hacking threats or compatible with your software or hardware systems.
9.3. CarWant gives no guarantee of continued availability of any particular Car offered by Sellers on the Site and CarWant accepts no responsibility for any information regarding cars or parts as they appear on the Site. You acknowledge that CarWant has no control over the quality, safety or standard of cars or parts appeared on the Site or the truth or accuracy of the information contained on the Site. Further, CarWant does not warrant that notices or advertisements will appear on the Site according to instructions.
9.4. We do not provide warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus in conjunction with Content provided on the Site.
10. EXCLUSION AND LIMITATION OF LIABILITY
10.1. CarWant does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent state or territory legislation which cannot be excluded, restricted or modified, although you should note that CarWant is not a manufacturer within the meaning of that Act. However, CarWant excludes all rights, remedies, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law.
10.2. To the fullest extent possible by law:
(a) Liability of CarWant, for any breach of a term or condition implied by law is limited at CarWant's discretion, to the re-supply of any service or the payment for the cost of having any service re-supplied.
(b) except as provided above, we disclaim any and all liability, including but not limited to liability for any damages including but not limited to direct or indirect, special, incidental losses or expenses, any losses which are not reasonably foreseeable, business losses including but not limited to loss of data, loss of profit business interruption and loss of business, arising out of or in connection with the Site, the use of the Site, inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we are advised of the possibility of such damages, losses or expenses.
You agree to indemnify and hold CarWant, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including lawyers' fees), made against CarWant due to or arising out of or in connection with your use of the Site, including but without limitation to your dealings with other users of the Site or any unauthorised use of any username and password issued to you as provided in Clause 6.2.
12. GOVERNING LAW