Australia's BIGGEST New Car WebsiteAustralia's BIGGEST New Car Website
Australia's BIGGEST New Car Website

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    Terms and Conditions

    1. Introduction

    Please read these terms and conditions carefully as they contain important information about your rights and obligations when using our Website(s), Services and Products.  These Terms of Use and our Privacy Policy form the basis on which you may access and use the Website, Services and Products.  By using the Website, the Services or the Products, you are deemed to have read, understood and accepted to be bound by the Terms of Use and our Privacy Policy.  Do not continue to use our Website(s) or any of our Services or Products, if you do not accept all of the Terms of Use and our Privacy Policy.

    2. Definitions

     The following expressions shall, unless the otherwise expressly stated, have the following meaning:

    1. Agreement means these Terms of Use;
    2. Client refers to you, the person accessing this website and accepting the Company’s terms and conditions. 
    3. Company means Car Expert Pty Ltd. of 3008Level 5, 757 Ann Street, Fortitude Valley, Queensland 4006, Australia and its Related Corporations also referred to as Ourselves, We, Our and Us;
    4. Party, Parties, or Us, refers to both the Client and ourselves, or either the Client or ourselves;
    5. Products means physical and digital products that the Company and its partners may provide to you from time to time for free or for a fee including those more particularly set out in these Terms of Use; 
    6. Related Corporations means any subsidiary or holding/parent company of that corporation or any subsidiary of that holding/parent company, or any other affiliated legal entity with whom we are under common corporate control; 
    7. Services means the services set out on our Website (including the provision of a forum for users to research and ask questions regarding the purchase of a new vehicle) and such other services we provide from time to time (including physical test drives of vehicles);
    8. Website means www.carexpert.com.au, www.pricemycar.com.au or any other website from time to time from which the Products and Services may be promoted and/or delivered or which the Company may establish; and
    9. You and Your refers to you, the person accessing this website and accepting the Company’s terms and conditions. 

    These terms and conditions outline the rules and regulations for the use of the Website(s), Services and Products.

    3. Agreement

    By using the Website, Services or the Products, you accept these Terms of Use and the Privacy Policy and these Terms of Use read together with the Privacy Policy shall constitute a valid and binding agreement made between you and the Company.

    We reserve all rights to change any or all of these Terms at any time and we will post the updated Terms of Use on the Website. All changes are effective immediately and your continued use of the Website, Services or Products after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. We reserve the right to refuse to provide our Products and Services to anyone at any time.

    4. Client warranties, acknowledgements and undertakings 

    1. By using the Website, the Services and the Products, you hereby acknowledge, represent and warrant that you have read and fully understood all the terms and conditions contained herein and the Privacy Policy.
    2. You undertake to fully comply with this Agreement and the Privacy Policy.  
    3. You undertake to ensure that the mobile phone/device and/or computer used by you to access the Website, the Services or the Products is legally owned, possessed or used by you at all times and you undertake not to allow any person other than you to access or manipulate the Website, the Services and the Products using your mobile phone, device and/or computer.  
    4. You acknowledge that you are responsible for any account you may create with us in connection with the Website and/or the provision of the Services and Products and that you are responsible for any activity in such account.  You undertake to keep all information in relation to such account up to date.
    5. You undertake to only use the Website, the Services and the Products for lawful purposes and the purpose for which it is intended and you further undertake to only use the Website and/or the Services and Products for your own use.
    1. You acknowledge that the Website is owned by the Company and that any unauthorised access to, reproduction, redistribution, publication, display or other use of the Website would infringe the intellectual property rights of the Company.
    2. You undertake not to: (i) modify, translate, create or attempt to create derivative copies of or copy of the Website; (ii) reverse engineer, decompile, disassemble or otherwise reduce the Website; (iii) use the Website, any Services or Products in any way that violates these Terms of Use; (iv) damage, disable, overburden or impair the Website; or (v) disable, bypass, circumvent, or interfere with any digital rights management, security or access control mechanisms.
    3. You agree that you will not when using the Website, the Services or the Products: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information available through the Wesbite and/or the Services and Products; or (c) attempt to gain unauthorised access to other computer systems through the Website. 
    4. You agree that you will not interfere with any other party’s use and enjoyment of the Website, Services or Products.
    5. You acknowledge that the trade mark(s), service mark(s), trade name(s), logo(s), symbol(s), brand name(s) and other proprietary marks or any combination of the Company and/or its Related Corporations (the Marks) contained on or in the Website, Services and Products (save and except for any marks of advertisers) are owned by the Company and/or its Related Corporations. You undertake not to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, translate, commercially exploit or disseminate any Marks without the prior written consent of the Company. You further undertake never to claim ownership or rights to the Marks.  
    6. You acknowledge that the Website, the Services or the Products may contain links to websites operated by third parties (Third Party Websites) or offers, products and deals from third parties (Third Party Offers). You further acknowledge that the Company has no responsibility for Third Party Offers and shall under no circumstances be construed as offering, promoting or inducing you to enter into those Third Party Offers.  The Company has no involvement in and no control over the terms and conditions of any Third Party Offer and you are advised to check the terms and conditions of any such Third Party Offers yourself.  The Company has no liability or responsibility to you as a result of any loss, damage or other harm you may incur by availing yourself of a Third Party Offer. 
    7. You acknowledge that the Website, the Services and Products are provided on a reasonable efforts basis only and that the Company shall not be liable for any unavailability or malfunction of the Website, Product and Services.

    5. Specific Terms attaching to Products and Services 

    1. One of our Products is the Sold Price Report, on which you find further detail on the Website.  You acknowledge and agree that you are only entitled to one free Sold Price Report a month and you agree not to circumvent this requirement.
    2. One of our Products is Sell My Car which provides you with an estimated valuation of your vehicle based on the details provided by you about your vehicle and its condition (the Valuation). You acknowledge and agree that the Valuation is only valid for 7 days.
    3. You acknowledge and agree that the Valuation is an estimate only and you should not rely in any way on the Valuation.  You acknowledge and agree that the purchase price of your vehicle may differ entirely from the Valuation.
    4. You further acknowledge that if you select the option which enables us to connect you to a potential buyer, you are responsible for dealing with the buyer directly and we will have no further involvement.  Furthermore, you acknowledge and agree that we, in no way, guarantee that the sale of your vehicle will complete or that the buyer will enter into any sale process or negotiation with you.
    5. Our Marketplace enables you to submit a lead on the Website.  We may connect you with up to 3 dealers (or such other number as we may, in our absolute discretion, decide) and we will use reasonable endeavours to support your enquiry.

    6. Intellectual Property 

    1. The copyright and all other rights in the material on the Website, including all information, music, images, photographs, videos and other content displayed on and/or made available through the Website (Materials) are owned by the Company or licensed to the Company by the relevant owner or licensor of the rights.  You may download a single copy of the Materials on a single computer for your own private use only. The Materials may be printed out for the sole purposes of enabling the person printing the Materials to retain a copy for their own personal records. 
    2. You must not, without prior written approval from the Company:
      1. Republish material from the Website;
      2. Sell, rent or sub-license material from the Website;
      3. reproduce, duplicate or copy material from the Website; or
      4. redistribute content from the Company (unless content is specifically made for redistribution).

    7. User Comments

    1. Certain parts of the Website offer the opportunity for users to post and exchange opinions, information, material and data (Comments). You acknowledge that the Company does not screen, edit, publish or review Comments prior to their appearance on the Website and Comments do not reflect the views or opinions of the Company, its Related Corporations or its or their agents or affiliates. Comments only reflect the view and opinion of the person who posts such view or opinion. 
    2. To the extent permitted by applicable laws, the Company shall not be responsible or liable for the Comments or for any loss, cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on the Website or other website controlled by the Company.
    3. You acknowledge that the Company reserves the right to monitor all Comments and to remove any Comments which it considers, in its absolute discretion, to be inappropriate, offensive, misleading or otherwise in breach of these Terms of Use.
    4. By posting a Comment on the Website, you represent and warrant that:
      1. you have all necessary licenses, permissions and consents to do so;
      2. the Comment does not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
      3. the Comment does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; 
      4.  Comment is not being used to solicit or promote business or custom or present commercial activities or unlawful activity.
    5. By posting a comment on the Website, you hereby grant to the Company a worldwide, non-exclusive, transferable, royalty-free license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

    8. Our Rights

    1. We may modify, suspend, discontinue or restrict the use of any portion of the Website, Services or Products without notice or liability to you.
    2. We have the absolute right and discretion to to reject any person from using the Website, the Services or the Products.
    3. Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up to date.

    9. Indemnity

    You agree to fully indemnify, release, defend and hold the Company and its Related Corporations and its or their officers, directors, employees, affiliates, agents, licensors and representatives harmless from and against all claims, demands, lawsuits, liability, loss, judgments or other expenses (including, but not limited to, legal fees) suffered or incurred by any of them  arising, directly or indirectly, from: (i) your use of (or failure to use) the Website, the Services, the Products or any Third Party Products or Third Party Websites; (ii) any reliance on the contents of the Website, Services, Products or Third Party Websites or Third Party Products; (ii) your Comments; (iii) your breach of the Terms of Use or Privacy Policy; (iv) your unauthorised use of the Marks or any of the intellectual property contained in the Website; and (v) any improper, unauthorised or illegal uses of your mobile phone/device and/or computer used by you to access the Website, the Services or the Products.

    10. Disclaimer

    1. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website, the availability of the Website and the use of the Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). 
    2. We make no warranty as to accuracy or reliability of any information, advice, opinion, analysis or statement of the Website, the Services or the Products. 
    3. We accepts no liability for any Comments, information, recommendation or analysis contained in or produced by the Website, the Services or the Products.
    4. Nothing contained in the Website, Services or Products shall be construed as an inducement to enter into any contractual arrangement with the Company or any of its Related Corporations.
    5. The Company and its Related Corporations and each of our directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained in or omitted from the Website, the Services or the Products.
    6. You expressly agree that use of the Website, the Services and the Products and reliance on its content is at your own risk.  
    7. You release and hold us harmless from any and all liability arising from your use of any Third-Party Website or Third Party Product. 
    8. All warranties, representations, guarantees, conditions and terms other than those expressly set out in these Terms of Use, whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral, are hereby, to the fullest extent permitted by law, expressly excluded from these Terms of Use.

    11. Limitation on Liability

    To the fullest extent permitted by law, the Company and its Related Corporations and its respective directors, employees, agents, affiliates and licensors shall in no event be liable for any damages or losses including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, or any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any loss resulting from or caused by the Website, the Services or the Products (and the content, links or Comments therein), including, without limitation to the fullest extent allowed by applicable law, damages resulting from negligence. 

    12. Miscellaneous

    1. If you have any queries regarding any of our terms, please contact us at  https://www.carexpert.com.au/contact-us.  
    2. These Terms of Use, and any non-contractual obligations arising out of or in connection with them, shall be governed and construed in accordance with the laws of Queensland, Australia. Any dispute arising out of or in connection with these Terms of Use (including as to the existence, validity, interpretation, performance, breach or termination thereof) or any dispute regarding non-contractual obligations arising out of or in connection with the Terms of Use will be subject to the exclusive jurisdiction of Queensland, Australia.
    3. Any term, condition, provision or undertaking in these Terms of Use which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability, without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void, or unenforceability any other term, condition, provision or undertaking herein contained.
    4. Failure by the Company to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.
    5. Provisions that, by their nature, should survive termination of these Terms of Use shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.