The VehicleSales website (with all subdomains and subsites thereof, the "Website") is owned, operated and hosted by VehicleSales - Level 2, 24 Bay Street Double Bay NSW 2028.
Agreement between User and VehicleSales
You may be able to access some features of the Website without registering for an Account and in each such case Your identification may be based on an automated means of identification as VehicleSales may determine, in its sole discretion.
VehicleSales shall have the right at any time to change or discontinue the Website, and any aspect or feature hereof, including, but not limited to, available Content (as defined below), features, services and content providers, hours of availability, equipment needed for access or use and any other capability(ies) of the Website.
VehicleSales is Not a Dealer or Seller of Vehicles; VehicleSales is an Information Service for Vehicle Data, Condition, Warranty, Price and Payment Quotes
The Website is an informational automotive resource. Most of the Content available at the Website is provided by third party content providers that have agreed to make their Content available at or through the Website. In no way does VehicleSales expressly give or imply any representations or warranties regarding such third party resources and services. Such representations are made by those third party content providers, not VehicleSales.
The Content and features on the Website is provided for informational purposes, only. VehicleSales is an information service and distributor of Content, not a dealer ("Dealer") or seller ("Seller") of vehicles, or provider of auto financing or insurance. VehicleSales provides an online venue for its users to obtain automobile price and payment quotes from participating Dealers and independent Sellers and related services through other third party service providers. VehicleSales plays no part in the actual sales transaction and has no control over the quality or safety of the vehicles advertised, nor the truth or accuracy of the vehicle descriptions (including condition or installed options or equipment), nor the actual availability of any specific vehicle listed. All quotes are estimates based on information provided by the Dealer or Seller and may exclude items such as state and local taxes, any state and local governmental charges, registration, license and title fees, documentary fees, emissions certification fees and any added accessories that You may choose to place on a vehicle. On occasion, unintentional, but material, errors may occur in the entry of the condition, warranty, pricing and/or payment data that forms the basis of such quotes or other information about a specific vehicle furnished through the Website. Because VehicleSales is only a distributor of Content, in the event of any type of dispute over a vehicle listed on the Website, You agree that any reliance on Content provided on the Website is at your own risk, and unconditionally release VehicleSales, its affiliated companies, and each of their respective officers, directors, employees, agents, service providers, content providers and licensors (the "VehicleSales Parties") from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease, as a Dealer or Seller is not prohibited from independently negotiating all of the terms and conditions of the final sale or lease. Any terms, conditions, warranties or representations in a written contract with the Dealer or Seller are legally binding upon You, and not VehicleSales, which is not a party to the purchase or lease and makes no representations or warranties, implied or otherwise, with respect to any vehicles, including, without limitation, the condition of vehicles listed on the Website.
"My Account > Sell Vehicle" Listings
Third Party Content, Services and Websites
With respect to most of the Content available at the Website, VehicleSales is a distributor (and not a publisher) of such Content since the Content is supplied by third parties. Accordingly, VehicleSales has no more editorial control over such Content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, are those of the respective content providers and not of VehicleSales. Neither VehicleSales nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose.
VehicleSales neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website. Under no circumstance will VehicleSales be liable for any loss or damage caused by any user’s reliance on information obtained through the Website. It is the responsibility of each Website user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other Content available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.
User Material Submission Guidelines
Eligibility: VehicleSales may permit written, photographic, video or other material to be submitted by You and other users, including but not limited to user-generated audiovisual content and blog, chat room and forum postings (collectively, "User Submissions") through the Website via email or via any other means, and VehicleSales may also permit the hosting, sharing, and/or publishing of such User Submissions. In order to submit a User Submission on the Website, You must be a legal resident of the Australia or the District who is of legal age of majority in Your jurisdiction of residence (and at least 18 years of age). You understand that whether or not such User Submissions are published or otherwise used, VehicleSales does not guarantee any confidentiality with respect to any submissions to the Website.
Submission Specifications: By making a submission to the Website (including, without limitation, any video submissions), You agree and represent that such User Submission is original with You and accurate and that You own all right, title and interest in any User Submission You submit to us and any elements You include in the User Submission (such as photographs, footage and the like). You may be required to provide documentation in a form acceptable to us evidencing such rights. You also agree that Your User Submission: (i) does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance; (ii) is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another; (iii) does not promote any activities that may appear unsafe or dangerous; (iv) does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of the foregoing); (v) does not post advertisements or solicitations of business; (vi) does not contain copyrighted materials or trademarks, logos, or trade dress owned by others; and (vii) does not contain materials embodying the names, likenesses, voices, or other indicia identifying any person including, without limitation, celebrities and/or other public or private figures (or using look-alikes of the same), living or dead.
You agree not to: (i) use the Website, the Content (including, without limitation, the User Submissions), or any products or services included on or available through the Website for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying the Website, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Website are able to type, hacking or defacing any portion of the Website, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent Your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content on the Website. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
When You submit a User Submission, You understand that VehicleSales will have the right, but not the obligation, to use, display and publish Your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes by VehicleSales and its related entities. If VehicleSales makes use of any of the foregoing rights, You understand and agree that You shall not receive any other consideration, or payment, notification or credit, nor will You have any approval over how VehicleSales uses the foregoing rights.
Regulatory Compliance and Take Down Procedure:
VehicleSales cooperates with any law enforcement authorities and complies with any judicial order requesting or directing VehicleSales to disclose any information we have about the identity of anyone uploading, downloading, or posting materials, or otherwise using the Website in violation of any applicable federal, state, or local laws. VehicleSales respects the intellectual property of others. If You believe that Your work has been copied in any way without Your permission (including as part of a User Submission), please provide the following information (i.e. invoke the "Take Down Procedure") to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work You claim has been infringed;
- A description of the work You claim has been infringed;
- Identification of the work You claim infringes the copyrighted work and a description of where it is located on the Website;
- Your address, telephone number and email address;
- A statement by You that You have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner’s agent or by law; and
- A statement by You, under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached by emailing support@VehicleSales.com.au.
Discontinuation and Modification of Acceptance of User Submissions: VehicleSales reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of User Submissions and/or Your ability to access User Submissions with or without notice in its sole discretion. You agree that VehicleSales shall not be liable to You or to any third party for any suspension or discontinuance of acceptance of User Submissions.
Proprietary Rights and License
The Website is for your personal and non-commercial use, only. The right to use the Website is not transferable to any other person or entity. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate Content received through the Website to anyone, including but not limited to others in the same company or organization without VehicleSales express prior written consent. You also agree that You will not use any robot, spider, software, routine, meta-search, automated query or device, or manual process to bypass security measures or to monitor or copy content contained on the Website, or for any other unauthorized purpose, without the prior expressed written permission of VehicleSales. You also agree that You will not interfere or attempt to interfere with the proper working of the Website, including attempting to access data not intended for you or for which you are not authorized to access; attempting to probe, scan or test vulnerabilities to breach security; attempting to interfere with the Website by submitting viruses, forging TCP/IP packet or other header information; flooding, spamming, mail bombing, or attempting to overload or crash the Website; or by taking any action that may impose an unreasonable or disproportionately large load on the infrastructure supporting the Website.
All materials on or available through the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Website (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their materials to VehicleSales.
You have no right to use any names, marks, logos, copyright titles, trademarks, service marks or other property of a VehicleSales Party, except as expressly provided herein. Any other trademarks or service marks and associated logos found herein are the trademarks or service marks of their respective owners in which You likewise have no rights. All rights not granted herein are hereby expressly reserved by VehicleSales and its licensors.
Select Disclaimers Regarding Certain Features Available at the Website
Vehicle Inventory: None of the vehicles listed on the Website are offered by VehicleSales and VehicleSales offers no express or implied warranty on any vehicle. Vehicles displayed for sale on the Website should be assumed to be sold with or without warranty from the Dealer or Seller. Unless stated otherwise, all vehicles should be assumed to be sold "as-is", with all faults and without warranty, express or implied. All express or implied representations regarding a vehicle are that of the dealer or seller and not VehicleSales. The Dealer or Seller is solely responsible for ensuring each vehicle meets minimum state and federal standards applicable for the model and year of vehicle prior to its sale, including all local, state and federal emissions and safety standards applicable for the model and year of vehicle.
Vehicle Availability and Prices: VehicleSales does not guarantee vehicle prices or availability. All vehicle descriptions and prices provided to You either on our Website or via separate contact following your submission of a purchase request are made by the participating Dealer or Seller possessing the desired vehicle and not by VehicleSales. All vehicle prices and descriptions listed as available on our Website are established and electronically placed there by the participating Dealer or Seller who owns the vehicle and not by VehicleSales. All vehicles are subject to prior sale and may not be available when your request is processed. All prices and terms are believed to be accurate on date of publication, only. All data and information used in our research tools for configuring vehicle information, selecting options, determining pricing, invoice or incentives on the Website are supplied by third party vendors for informational and educational purposes only and are not intended to be binding on VehicleSales or the participating Dealer. All tools appearing on the Website that allow for configuring vehicles with different options do so with such items that are typically available from the manufacturer and are typically available at local dealerships and may not be indicative of all of the configurations and equipment available on the vehicle being configured or the exact price(s) for a vehicle so equipped. VehicleSales will attempt to locate a vehicle based on your request by searching through inventories provided by participating Dealers. All vehicles are subject to availability and final pricing from the Dealer and not VehicleSales. Any discrepancies or mistakes made regarding vehicle availability, condition or pricing are not the responsibility of VehicleSales and should be directed to the Dealer or Seller responsible for providing the information. We do not guarantee either expressly or by implication that we will find a vehicle that meets your specifications. Exact matches can be extremely difficult to find because of geographic location, vehicle popularity, and limited production or factory-to-dealer allocations.
Credit Evaluation: You may have the option of obtaining information from and using a third party lender through the Website. You acknowledge that VehicleSales does not provide auto financing. You may elect, in Your sole discretion, to apply for vehicle financing through such lender. Please note that the information you supply as part of a credit application is in fact collected directly by the lender on a form hosted by such lender or its service provider. VehicleSales does not receive such information.
Estimates of payment amounts, interest rates and other financing information provided to You on the Website is for informational and educational purposes only and shall not be considered as final. Your actual payment will be based upon, among other things, the results of an independent credit evaluation, current prevailing interest rates, the length and amount of the loan requested, and the sales tax rate applicable to You.
You are also not required to participate with the additional credit services that are offered on the Website. As an informational Website, VehicleSales may also have hyperlinks to outside companies to help You understand your own credit situation. Any representations made on behalf of those credit resources on the Website are made by those respective companies and not by VehicleSales. By using those services, You are subject to the terms and conditions that those companies have in place. It is your responsibility to read and understand their privacy policies, terms and conditions and other policies those companies practice before giving personal information and/or participating in their programs.
Insurance Representations: You may have the option of obtaining information regarding insurance products and representations that appear on the Website, which is provided to VehicleSales from independent third party providers and republished for educational benefit. VehicleSales is not an insurance broker acting on behalf of any consumer, nor is VehicleSales acting as an agent for a particular insurance company. VehicleSales is an information service where consumers may review a number of different automobile products on the market today. The insurance coverage presented by participating insurers are designed to meet the insurance needs of a majority of consumers. Your particular circumstances may differ and thus may require additional information. By supplying these information resources, VehicleSales is not making any recommendations or providing any advice as to whether or not any particular insurance coverage is suitable for your individual circumstance. VehicleSales does not endorse or recommend any specific insurance company or coverage plan. Your decision to select any particular insurance company and coverage plan should be based upon your own assessment of your individual needs and the amount of insurance coverage that meets those needs. All premiums displayed are estimates and not guaranteed.
Limitations of Liability; Disclaimers
You expressly agree that YOUR use of the Website is at your own risk. No VehicleSales Party makes any representations or warranties of any kind regarding the Website, THE Content or the results that may be obtained from use of the Website. VehicleSales and/or its content and service providers make no representations about the suitability of the Content, software, products and services available on the Website for any purpose. All such Content, software, products and services are provided on an "as-is" and "as available" basis, without warranty of any kind. VehicleSales and/or its content and service providers hereby disclaim all warranties and conditions with regard to such Content, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Without limiting the foregoing, the Content, software, products and services distributed on or through the Website may include inaccuracies or typographical errors. In addition, changes are periodically made to the Content, software, products and services.
In no event shall VehicleSales and/or its content or service providers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Website or with the delay or inability to use the Website, or for any Content, software, products and services obtained through the Website, or otherwise arising out of Your use of the Website, whether based on contract, tort, strict liability or otherwise, even if VehicleSales or any of its content or service providers has been advised of the possibility of damages. In NO event WILL the aggregate liability of the VehicleSales Parties exceed the amounts paid by You to VehicleSales to access the Website in the twelve (12) months prior to the claimed injury or damage.
YOU SPECIFICALLY ACKNOWLEDGE THAT VehicleSales SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.
VehicleSales may terminate Your access to or terminate in general any content, features, and/or services on the Website, in whole or in part, at any time with or without notice to You.
Infringement and Regulatory Complaints