Welcome to Certified Cars! We provide a platform where Sellers and Buyers can connect to buy and sell new and used vehicles (Platform).
In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Certified Cars Pty Ltd (ACN 671 814 510).
These Terms form our contract with you and set out our obligations as a service provider and your obligations as a user. You cannot use our Services unless you agree to these Terms. The obligations in these Terms apply equally to Sellers and Buyers, unless we state otherwise.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
For questions about these Terms or to get in touch with us, please email: info@certifiedcars.au
These Terms were last updated on 5 July 2024.
Please read these Terms carefully before you accept. We draw your attention to:
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.
You must be at least 16 years old to use our Platform.
While you have an Account, we grant you and your Authorised Users a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person.
You must not (and you must ensure that your Authorised Users do not):
We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account.
Our Platform is a place where Sellers and Buyers can find each other, and advertise, buy and sell new and used motor vehicles (Offers). We only provide our Services (including our Platform) and are not a party to any transaction between Sellers and Buyers in relation to an Offer (see the “Our Services” section below for more information about the services we provide to you).
Sellers wanting to publish Offers on our Platform must create an Account. Sellers must provide an accurate and complete description of the Offer they wish to provide (Offer Listing), including the price for the Offer (Offer Price).
Buyers can browse Offer Listings without an Account. Buyers wanting to purchase Offers in an Offer Listing must create an Account, and may request to purchase an Offer by sending a request through our Platform.
Sellers must include all additional terms and conditions relating to their Offer in the relevant Offer Listing. By making payment of the Offer Price, Buyers accept the additional terms and conditions in the Offer Listing.
It will be the responsibility of the Buyer and Seller to arrange payment of the Offer Price using the payment methods agreed between the parties outside of the Platform. We will not store, collect, handle or distribute any monies for the Offer Price on the Platform.
We do not endorse or approve, and are not responsible for, any Offers not provided by us. We may, at any time (at our sole discretion), remove any Offers, including where an Offer: (a) is illegal or offensive; or (b) contains graphic, inappropriate or unlawful content.
By posting an Offer Listing, you confirm that you are legally entitled to and capable of supplying the Offer described in the Offer Listing.
You must have appropriate insurance to cover the Offers that you make through our Platform. We may request that you provide us with evidence of your insurance cover. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the Offers you make. If we do not ask you to provide evidence of insurance, this does not indicate that we believe you do not require insurance. You acknowledge and agree that it is your responsibility to make your own investigations and receive professional advice on the insurance you require.
You grant us a non-exclusive, irrevocable, royalty-free, sublicensable and transferable licence for the duration that your Offer is available on our Platform, to host your Offers on our Platform for the purpose of making your Offers available to Buyers.
We provide the following services to you:
(collectively, our Services).
If you require Support Services, you may request these by getting in touch with us through our Platform.
Unless we agree otherwise, Support Services cannot be used to support any other products or services, and does not include training, installation of software or hardware, software development or the modification, deletion or recovery of data or any on-site services.
We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.
If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).
If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.
Accounts for Sellers and Buyers are the same. You may make Offers and purchase Offers through the same Account.
You may invite Authorised Users to access and use our Services under your Account. Each of your Authorised Users will require a login (which is linked to your Account), in order to access and use our Platform. You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account, and what access rights or permissions they have when using our Platform. Any limitations on the number of Authorised Users you can have will be set out in your Account or on our Platform.
While you have an Account with us, you agree to (and to ensure your Authorised Users agree to):
You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Platform (as applicable).
You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
If any fees due to us under these Terms or as a result of your use of our Services are not paid on time, we may:
You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
Your Subscription continues for the Subscription Period, and at the end of each Subscription Period, provided you have paid all Subscription Fees owing, your Subscription will be automatically renewed for recurring monthly periods (each of which will be considered a Subscription Period). If you wish to cancel your Subscription, you may do so through your Account. Your cancellation will take effect at the end of your current Subscription Period, and your Subscription will not be renewed (meaning you will need to continue paying all Subscription Fees due up until your current Subscription Period ends).
We may offer a trial period option if specified on the Platform (Trial Period). During the Trial Period, you will have free access to the Platform. If applicable, the Trial Period will continue for the lesser of:
Sellers and Buyers may review their experiences with each other on our Platform (Review). We may remove Sellers and Buyers from our Platform (in our sole discretion) who receive a high number of negative Reviews.
You agree to provide true, fair and accurate information in your Review. If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting further Reviews. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Review.
You may only write a Review about your own experience. You must not write a Review about another person’s experience.
If you have been offered an incentive (such as a gift, reward, discount or payment) for leaving a Review, you should include information about this in your Review.
You must not disclose any Personal Information in your Review.
While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.
While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.
You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
Sellers and Buyers must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.
We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). As part of our Services, we will also need to disclose information about Buyers to Sellers, and vice versa, so that they can connect and transact.
Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.
Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
Buyers may have Consumer Law Rights in respect of Offers made by Sellers.
The cancellation and refund of any amounts paid in respect of an Offer is strictly a matter between Sellers and Buyers. The terms and conditions of an Offer Listing must clearly set out whether refunds or cancellations are permitted.
We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.
We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks, and may be transferred unencrypted.
You are responsible for (meaning we are not liable for):
When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
If you do not provide Your Data to us, it may impact your ability to receive our Services.
To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
To the extent that you are using or accessing our Platform on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for our Platform and any content available on our Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application.
Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.
We may terminate these Terms (meaning you will lose access to our Services, including access to your Account, and any Subscription will be cancelled) if:
You may terminate these Terms if:
You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 14.9), and if you have a Subscription, termination will take effect at the end of your current Subscription Period.
Upon termination of these Terms:
Termination of these Terms will not affect any other rights or liabilities that we or you may have.
You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
We encourage Sellers and Buyers to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, Sellers and Buyers may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Sellers and Buyers.
Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
These Terms are governed by the laws of NSW, and any matter relating to these Terms is to be determined exclusively by the courts in NSW and any courts entitled to hear appeals from those courts.
We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
You agree that we may advertise or publicise the fact you are a customer of ours, for example on our website or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.
Clauses 8 to 14 will survive the termination or expiry of these Terms.
Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.
Certified Cars Pty Ltd partners with Compare the Market Pty Ltd to promote the benefits of comparison services to Certified Cars Pty Ltd customers. Certified cars Pty Ltd receives a commission from Compare the Market for each sale of a product through Compare the Market that is attributable to a Certified Cars Pty Ltd referral via the affiliate partner links made available to you by Certified Cars Pty Ltd. Contact Compare the Market or Certified Cars Pty Ltd for more information about this arrangement.
Account means an account accessible to the individual or entity who signed up to our Services, under which Authorised Users may be granted with access.
Authorised User means a user that you have invited to use the Platform through your Account.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Offer has the meaning given in clause 2.1.
Offer Listing has the meaning given in clause 2.2.
Offer Price has the meaning given in clause 2.2.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Platform means our cloud-based platform that we provide you with access to as part of the Services.
Services means the services we provide to you, as detailed in clause 3.1.
Subscription means the Subscription plan you have chosen through our Platform, which you use to access certain features and benefits.
Subscription Fees means the fees you pay to us to access your chosen Subscription.
Subscription Period means the duration of your Subscription (such as monthly, annually, or as otherwise set out on our Platform).
Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your Authorised Users when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.