Terms and conditions

ExAutoTrade
Terms and conditions of use

ExAutoTrade Ltd is delighted to grant you access to the array of websites, applications, and associated services operated by ExAutoTrade Limited and its affiliated entities (“ExAutoTrade”). This includes, but is not limited to https://exautotrade.com, the ExAutoTrade vehicle search engine available across the internet, and ExAutoTrade’s wider e-commerce platforms hosted on the aforementioned websites, facilitating the sale of non-vehicle products by third-party sellers (“Stores”) (collectively referred to as the “ExAutoTrade Network”).
By accessing or utilizing the ExAutoTrade Network, you consent to adhere to these terms and conditions of use (“Terms”) along with any additional terms and conditions referenced in these Terms or communicated to you on the ExAutoTrade Network, each subject to periodic amendments.

1.Regarding the ExAutoTrade Network:

(a) ExAutoTrade publishes or provides access to a variety of content, including information, advertisements, products, services, vehicle data, valuations, software, and other materials (“Material”), sourced from both ExAutoTrade and third parties.

(b) ExAutoTrade does not guarantee the accuracy or completeness of the Material, nor does it endorse the representations made within it or any information obtained through the use of the ExAutoTrade Network (including links to third-party websites). It is your responsibility to evaluate the accuracy of the Material and any associated information, and you rely on it at your own discretion.

(c) Unless explicitly stated by ExAutoTrade, ExAutoTrade does not offer any warranties concerning goods or services advertised for sale on the ExAutoTrade Network by third parties. This includes, but is not limited to, any assurance regarding the merchantability, fitness for a particular purpose, or ownership claimed by the seller.

2. For personal and non-commercial purposes exclusively:

(a) Unless you have entered into commercial agreements with ExAutoTrade, the utilization of the ExAutoTrade Network is restricted to personal and non-commercial use only. Aside from retaining Material in your computer’s cache or maintaining a single permanent copy of the Material for personal use, or when necessary to exercise your legal rights (such as employing screen-reading software for accessibility), you are prohibited, without prior written consent from ExAutoTrade, from engaging in the following activities, or permitting a third party to do so on your behalf:

Alter, replicate, disseminate, transmit, exhibit, execute, replicate, issue, or license any Material;
Endeavor to utilize any Material to establish any website, publication, or searchable database;
Duplicate or encase any website or Material sourced from the ExAutoTrade Network;
Employ any form of automated procedure to interrogate, access, recover, extract, scrape, mine data, or replicate any Material, or to formulate or compile any document, index, or database derived from the Material;
Employ any manual process to generate multiple duplicates of Material or to compile any document, index, or database derived from the Material;
Publish, transfer, or trade any Material, information, or functionality obtained from the ExAutoTrade Network;
Undertake any other action that contravenes these Terms (or other terms and conditions referenced in these Terms), violates good faith, or breaches any applicable law.

(b) Should ExAutoTrade determine that you or any affiliated party have acted in violation of these Terms, ExAutoTrade reserves the right to promptly revoke your access to and use of the ExAutoTrade Network. Additionally, ExAutoTrade retains the right to undertake any actions it deems appropriate or necessary to prevent the recurrence of such actions.

3. You bear responsibility for utilizing the ExAutoTrade Network:

(a) The Material presented on (or through) the ExAutoTrade Network serves as general information solely. It does not constitute professional, expert, or advisory counsel, and should not be viewed as a replacement for such guidance. The Material might not be suitable, accurate, or comprehensive for your specific circumstances, should not be the sole basis for any actions you take or refrain from taking, and may not remain continuously available or devoid of errors or viruses.

(b) You agree to indemnify ExAutoTrade against any liability, loss, claim, or demand arising from ExAutoTrade (or any of its officers, representatives, employees, or agents) experiencing any loss, damage, or cost due to a breach by you (or any of your officers, representatives, employees, or agents) of these Terms—including any warranties you provide therein.

(c) You are responsible for maintaining the security and confidentiality of your username and password used to access the ExAutoTrade Network, and must refrain from disclosing such details to any third party. You accept full liability for any unauthorized use of any username and password issued to you.

4. Products and services provided by ExAutoTrade

Other than access to the ExAutoTrade Network, are governed by supplementary terms and conditions. In case of any discrepancy between these Terms and the additional terms and conditions, the additional terms and conditions will supersede to the extent of the inconsistency.

5. Items and services supplied by third-party sources.

(a) In the event that items and services are made available on the ExAutoTrade Network by third-party entities (sellers):

Vehicle prices frequently do not cover delivery, government, and statutory charges (it’s always advisable to verify with the seller);
you are accountable for conducting all necessary searches, inquiries, and investigations concerning the goods and services, including examining any register of written-off vehicles or security interests (such as the Personal Property Securities Register);
ExAutoTrade does not serve as an agent or broker for any individual, facilitate any contract between you and any individual, or offer any warranty regarding any individual’s goods or services (unless explicitly stated);
and ExAutoTrade will not be liable for the terms of any transaction between you and any individual, any goods or services acquired by you from any individual, or resolving any dispute between you and any individual.

(a) As per these Terms, “person” encompasses any legal entity, whether an individual or a business entity.

(b) ExAutoTrade may enhance data provided by sellers, such as utilizing the make, model, and series supplied by a seller to propose vehicle features. This data depends on the seller accurately identifying their vehicle and also on information conveyed to ExAutoTrade from third parties (such as original equipment manufacturers). Although ExAutoTrade urges sellers to verify this information, it may still be prone to inaccuracies. ExAutoTrade strongly advises you to verify with the seller that all information included in an advertisement or listing is precise before proceeding with any purchase.

6. ExAutoTrades liability towards you is constrained:

(a) Except as expressly stated in this section and to the maximum extent permissible by law, all rights, remedies, conditions, guarantees, and implied warranties concerning any goods or services offered by ExAutoTrade are hereby waived.

(b) ExAutoTrade will not be held liable to you for any claims arising from or in connection with your access and utilization of the ExAutoTrade Network and associated services, except as specified in subclause 6(c), and to the extent that liability cannot be excluded under applicable laws, regardless of the cause, including but not limited to contract, negligence, indemnity, strict liability, breach of warranty, or statute.

(c) To the fullest extent permitted by law, ExAutoTrade’s liability to you is restricted to (A) replacing or repairing the relevant goods, (B) providing goods equivalent to the relevant goods, (C) re-supplying the relevant services, or (D) covering the cost of such replacement, repairs, or supply, pursuant to any guarantee, right, or contractual term arising or implied by operation of law and that cannot be excluded.

(d) ExAutoTrade will not be liable to you for any indirect or consequential loss or damage, including but not limited to loss of use, production, profit, revenue, business, data, anticipated savings, delay, or any financial or operational costs, to the fullest extent permissible by law.

(e) In this section, “ExAutoTrade” encompasses ExAutoTrade, its officers, employees, contractors, and agents, whether individually or collectively.

(f) Clause 6 shall endure beyond the termination or expiration of these Terms.

(g) If you have procured a specific product or service from ExAutoTrade, please refer to the additional terms governing that product or service for any liability provisions that may override this clause.

7. Copyright, trademarks, and licensing:

(a) Content on the ExAutoTrade Network is safeguarded by copyright and intellectual property regulations. ExAutoTrade reserves all rights not explicitly granted under these Terms. Unless stated otherwise on the ExAutoTrade Network, the content is either owned by or licensed to ExAutoTrade and is subject to copyright (referred to as the “Copyright Material”).

(b) You are permitted to:

Solely copy or reproduce the Copyright Material for browsing the ExAutoTrade Network or for your personal, private, or research purposes, as long as such usage qualifies as fair use under the Copyright Act 1968 (Cth);
and refrain from altering or modifying the Copyright Material in any manner or deleting any legal notice linked to it.

8. Your ExAutoTrade Network account (formerly referred to as "member account"):

(a) Upon creating an ExAutoTrade Network account, additional products and services (e.g., fuel discounts) may be accessible to you under specific supplemental terms.

(b) By establishing an ExAutoTrade Network account, you consent to receiving electronic communications from ExAutoTrade regarding its products and services; however, you retain the option to opt out via your account preference center.

(c) Should you input details of an existing vehicle into your ExAutoTrade Network account, you consent to ExAutoTrade sharing those details with car dealers alongside any vehicle inquiries you make, enabling dealers to present you with trade-in offers. You have the option to opt out of this during the inquiry process.

(d) If you create a username and user profile photo linked to your ExAutoTrade Network account or opt to verify your identity, ExAutoTrade o may publicly showcase these in your ExAutoTrade Network communications, including advertisements or direct messages.

9. Communications services:

(a) ExAutoTrade offers you the opportunity to interact with ExAutoTrade o, sellers, third-party advertisers, and other users of the ExAutoTrade Network through various forms of communication, such as online forms, interactive voice response, electronic inquiries, bulletin boards, blogs, competition entries, online forums, inbound phone number services, and other similar channels (“Communications Services”).

(b) Unless explicitly stated otherwise, please understand that Communications Services are considered public and not private communications, and by using these services, you consent to the publication of your communications. ExAutoTrade reserves the right, at its discretion, to collect, store, or scan communications, although you should not rely on such actions being taken.

Transmit any information or material that is inaccurate, misleading, or deceptive.
Transmit any content that is racist, sexist, defamatory, infringing, obscene, abusive, indecent, or otherwise deemed inappropriate by ExAutoTrade.
Send spam, chain letters, contests, junk mail, surveys, or other forms of mass messaging.
Utilize the Communications Services for any unlawful activities.
Post or upload files that violate any person’s intellectual property rights or privacy.
Upload files containing viruses, corrupted data, worms, defects, or any other harmful software that could disrupt the operation of another user’s computer or damage the ExAutoTrade Network (including its infrastructure or content).
Remove any author attributions, legal notices, or proprietary designations from uploaded files.
Advertise or attempt to sell any goods or services without prior written approval from ExAutoTrade.
Download any files from other users of the Communications Services that are known or reasonably should be known to be unlawful or against these Terms.
Excessively use the Communications Services in a way that may impede or prevent ExAutoTrade from providing services to other users or compromise the integrity of the ExAutoTrade Network.
Encourage, aid, abet, or incite any person to engage in any of the aforementioned prohibited actions.

(d) ExAutoTrade reserves the right to delete, modify, decline to publish, or remove any uploaded or posted information or material using the Communications Services, either partially or entirely. ExAutoTrade also retains the authority to suspend or terminate the access to the ExAutoTrade Network of any individual found by ExAutoTrade to be violating these Terms.

10. Software services:

(a) All software, including HTML code, available for download from the ExAutoTrade Network (“Software”), is the property of ExAutoTrade and/or its suppliers.

(b) Your utilization of the Software is subject to the terms specified in the end user license agreement, if provided, accompanying or included with the Software (“License Agreement”). Prior to using the Software, you are required to consent to the terms of the License Agreement.

(c) In the absence of a License Agreement, ExAutoTrade provides you with a personal, non-transferable license to use the Software solely for viewing and accessing the ExAutoTrade Network in compliance with these Terms, and for no other purposes. You are prohibited from:

Duplicate, replicate, translate, adjust, alter, or modify the Software, either wholly or partially.
Engage in reverse assembly, reverse compilation, or permit or cause a third party to engage in reverse assembly or reverse compilation, either wholly or partially, of the Software.
Introduce or employ any device, software, or routine that disrupts or endeavors to disrupt the functioning of the Software.
Sub-license, rent, lease, lend, or confer to any individual any rights to utilize the Software other than those explicitly outlined in this paragraph.

11. Redbook (vehicle data):

(a) Automotive Data Services Pty Ltd (“RedBook”) has compiled data and appraisals derived from various sources, including third-party sources, which may be presented on the ExAutoTrade Network. While RedBook takes utmost care in generating this data and valuations, it does not assert any claims regarding the accuracy, comprehensiveness, or suitability of its data. It is advisable not to solely rely on the data or valuations without conducting your own independent evaluation of the vehicle and consulting other sources of information.

(b) RedBook bears no responsibility for any loss or damage (except for any liability that cannot be lawfully excluded) arising from your use of or reliance on valuations or other data provided by RedBook.

12. ExAutoTrade and your privacy:

By accessing the ExAutoTrade Network, you consent to abide by the ExAutoTrade Privacy Policy, which delineates the methods through which ExAutoTrade gathers, utilizes, and shares your personal data.

13. CallConnect and "email a friend":

(a) 1300 Numbers: CallConnect. Calls made to 1300 numbers (utilized by sellers via virtual numbers) from landlines within Australia are billed at local call rates. Calls made from mobile phones might incur higher charges from your telecommunications service provider. For any inquiries, kindly refer to your provider.

(b) Email a friend: Should ExAutoTrade offer the option to email a friend and you furnish an email address for this purpose, you affirm that the recipient of the email has given consent for the email to be dispatched.

14. Terms applicable to ExAutoTrade Network Stores:

ExAutoTrade manages the Stores, providing a platform for third-party retailers (referred to as “Sellers”) to list and vend goods or services directly to customers. Consequently, ExAutoTrade does not partake in any transactions transpiring between you and the Seller via the Stores. Moreover, ExAutoTrade does not oversee the content or accuracy of product listings, nor the quality, shipping, delivery, or return processes of any goods or services sold through the Stores. In addition to the general provisions outlined in these Terms, the following supplementary terms govern your utilization of and access to the Stores:

As the Stores serve as platforms for Sellers to list and sell their goods or services to customers, you acknowledge and agree that, to the fullest extent permitted by law, ExAutoTrade bears no responsibility for transactions between you and a Seller, nor for the goods or services offered by the Seller. ExAutoTrade makes no warranties or representations regarding the quality of goods or services provided by a Seller, nor the actions, omissions, or conduct of a Seller.
All information pertaining to goods or services listed for sale in the Stores (including product descriptions, images, specifications, pricing information, and policies referred to in subsequent paragraphs) is provided by the respective Sellers. Except where mandated by law, ExAutoTrade assumes no responsibility for inaccuracies, misstatements, or errors in this information. You agree to conduct your own inquiries to verify the information provided and to assess the suitability of goods or services before placing orders through the Stores.
When making an order through the Stores, you acknowledge and agree that the Seller may impose their own terms and conditions regarding the sale of goods or services, which will be presented to you through the Store. ExAutoTrade, unless expressly permitted in writing, will not be a party to any agreements or additional terms between you and a Seller.
The promotion of goods or services via the Stores constitutes an invitation to treat, not an offer to sell.
The Seller’s policies regarding cancellations, returns (including repairs and replacements), and refunds will govern any transactions between you and the Seller via the Stores. The handling of your personal information may also be subject to the Seller’s privacy policy. Before purchasing goods or services via the Stores, carefully review the Seller’s cancellation, return, and refund policy, presented to you through the Stores.
Similarly, the Seller’s policy for shipping and delivery of goods or services will apply to any transactions via the Stores. Prior to purchasing, carefully review the Seller’s shipping and delivery policy, available through the Stores.
Upon placing an order for a Seller’s goods or services, you will receive email confirmation of your order placement, and ExAutoTrade will forward the order to the Seller for confirmation. While stock levels are regularly adjusted, there may be instances where a Seller rejects your order at their discretion. In such cases, you will be notified by email, and ExAutoTrade will issue a refund for the order and associated shipping charges to the relevant payment method used for purchase. You are accountable for any loss resulting from discrepancies or errors in your order caused by you.
Prices of goods or services, delivery, and other charges are presented in Australian dollars. Payment must be received in full by ExAutoTrade prior to the dispatch of goods or services by a Seller. Failure to receive or decline of payment, including suspected fraud, will result in order cancellation, and if applicable, a refund to the relevant payment method used for purchase.
To cancel, return, request a refund, or raise an issue with goods or services purchased from a Seller, submit a request via the relevant Help Centre for the Store used. ExAutoTrade will then investigate the matter further, submit your request to the relevant Seller (if necessary), and provide reasonable assistance in resolving the issue. If a refund is permitted according to the Seller’s policies, it will be issued using the same payment method used for purchase. If ExAutoTrade determines that it cannot reasonably resolve the issue, you may be required to directly communicate with the Seller for resolution.
You must be at least 18 years old to use the Stores. By placing an order for goods or services through the Stores, you warrant that you are at least 18 years old and possess the legal right and capacity to do so.

15. Which jurisdiction oversees these Terms?

These Terms are subject to and interpreted in accordance with the laws of the State of Victoria, Australia. By agreeing to these Terms, you consent to the non-exclusive jurisdiction of the courts in that state.

16.ExAutoTrade reserves the right to update its terms:

(a) ExAutoTrade retains the authority to periodically revise or amend its terms and conditions pertaining to its goods or services. Changes to these Terms (and any associated terms and conditions) become effective upon being displayed on this website or app. However, such modifications will solely affect your use of the ExAutoTrade Network subsequent to the date of implementation.

(b) ExAutoTrade, at its discretion and acting reasonably, may discontinue your access to the ExAutoTrade Network or any of its services without prior notice.