Terms of Service

Last updated: 27 May 2025

Introduction

Welcome to Carseekers, Australia's competitive bidding platform for vehicles. These Terms of Service ("Terms") govern your use of our platform and services. By accessing or using Carseekers, you agree to be bound by these Terms.

Definitions

"Platform": The Carseekers website, mobile applications, and related services
"Services": All features, tools, and functionality provided by Carseekers
"User": Any individual or entity using our Platform
"Buyer": A user seeking to purchase a vehicle through our bidding system
"Dealer": A licensed automotive dealer participating in our network
"Bid": An offer submitted by a Dealer in response to a Buyer's vehicle request
"Request": A vehicle specification and requirement submitted by a Buyer

Acceptance of Terms

By using our Platform, you:

Confirm you are at least 18 years of age
Have the legal capacity to enter into binding agreements
Agree to comply with all applicable laws and regulations
Accept these Terms and our Privacy Policy

Platform Overview

Our Service Model

Carseekers operates as a competitive bidding platform where:

Buyers submit vehicle requests with specifications and requirements
Dealers review requests and submit competitive bids
Buyers compare bids and select their preferred offer
Transactions are completed directly between Buyers and Dealers

Our Role

Carseekers acts as an intermediary platform. We:

Facilitate connections between Buyers and Dealers
Provide tools for bid submission and comparison
Verify Dealer credentials and licensing
Do not directly sell vehicles or guarantee transactions

User Accounts and Registration

Account Creation

To use our Services, you must:

Provide accurate and complete registration information
Maintain the security of your account credentials
Promptly update any changes to your information
Use only one account per individual or business entity

Account Responsibilities

You are responsible for:

All activities that occur under your account
Maintaining the confidentiality of your login credentials
Notifying us immediately of any unauthorised access
Ensuring your account information remains current and accurate

For Buyers

Submitting Requests

When submitting a vehicle request, you must:

Provide accurate vehicle specifications and requirements
Include realistic budget expectations
Specify genuine purchase intent
Respond to Dealer inquiries in a timely manner

Reviewing Bids

You have the right to:

Review all submitted bids without obligation
Request additional information from Dealers
Compare offers based on price, delivery time, and terms
Accept or decline any bid at your discretion

Purchase Obligations

If you accept a bid:

You enter into a direct agreement with the Dealer
You must complete the transaction in good faith
Payment and delivery terms are between you and the Dealer
Carseekers facilitates but does not guarantee the transaction

For Dealers

Eligibility Requirements

To join our Dealer network, you must:

Hold a valid automotive dealer licence in Australia
Provide proof of business registration and insurance
Maintain good standing with relevant regulatory bodies
Agree to our Dealer Terms and Conditions

Bidding Responsibilities

When submitting bids, you must:

Provide accurate pricing and delivery information
Honour all terms specified in your bid
Respond to Buyer inquiries promptly and professionally
Complete accepted transactions in accordance with your bid terms

Fees and Payments

Dealers pay a success fee only when a bid is accepted and completed
Fee structure is outlined in the separate Dealer Agreement
Fees are non-refundable once a transaction is completed
Payment terms are specified in your Dealer Agreement

Prohibited Activities

Users must not:

Provide false, misleading, or inaccurate information
Attempt to circumvent our bidding system
Contact other users outside of our Platform for the same transaction
Use our Services for any illegal or unauthorised purpose
Interfere with or disrupt our Platform's operation
Violate any applicable laws or regulations
Engage in fraudulent or deceptive practices
Harass, abuse, or harm other users

Intellectual Property

Our Content

All Platform content, including but not limited to:

Software, code, and algorithms
Text, graphics, logos, and images
Trademarks and service marks
Design and functionality

Is owned by Carseekers and protected by intellectual property laws.

User Content

By submitting content to our Platform, you:

Grant us a licence to use, display, and distribute your content
Represent that you own or have rights to the content
Agree that your content does not violate any third-party rights
Remain responsible for the accuracy and legality of your content

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms part of these Terms.

Disclaimers and Limitations

Platform Availability

We strive to maintain Platform availability but do not guarantee:

Uninterrupted or error-free operation
Compatibility with all devices or browsers
Availability during maintenance or updates
Protection against all security threats

Transaction Disclaimers

Carseekers does not:

Guarantee the accuracy of Dealer bids or vehicle descriptions
Warrant the quality, condition, or legality of vehicles
Assume responsibility for Dealer performance or Buyer satisfaction
Provide warranties or guarantees regarding transactions

Limitation of Liability

To the maximum extent permitted by law, Carseekers shall not be liable for:

Indirect, incidental, or consequential damages
Loss of profits, data, or business opportunities
Damages arising from Platform use or inability to use
Actions or omissions of Dealers or Buyers

Indemnification

You agree to indemnify and hold harmless Carseekers from any claims, damages, or expenses arising from:

Your use of our Platform
Your violation of these Terms
Your violation of any third-party rights
Your transactions with other users

Termination

By You

You may terminate your account at any time by:

Contacting our customer support
Following account deletion procedures
Ceasing use of our Platform

By Us

We may terminate or suspend your account if you:

Violate these Terms or our policies
Engage in prohibited activities
Fail to pay applicable fees (for Dealers)
Pose a risk to our Platform or other users

Effect of Termination

Upon termination:

Your access to our Platform will cease
Outstanding obligations remain in effect
Certain provisions of these Terms survive termination
We may retain certain information as required by law

Dispute Resolution

Internal Resolution

We encourage users to first attempt resolution through:

Direct communication between parties
Our customer support team
Mediation services where appropriate

Governing Law

These Terms are governed by the laws of Australia, and any disputes will be subject to the jurisdiction of Australian courts.

Consumer Rights

Nothing in these Terms limits your rights under Australian Consumer Law or other applicable consumer protection legislation.

Changes to Terms

We may update these Terms periodically. We will:

Notify users of material changes
Post updated Terms on our Platform
Indicate the effective date of changes
Provide reasonable notice before changes take effect

Continued use of our Platform after changes constitutes acceptance of the updated Terms.

Contact Information

For questions about these Terms or our Services, contact us:

Carseekers Legal Team

Email: contact@carseekers.com.au

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

These Terms of Service are effective as of the date listed above and apply to all users of the Carseekers platform.