Legal

Website Terms of Use

Welcome to the website of Automesh owned by Drive One Pty Ltd (ACN 664 875 594) ("we", "us" or the "Company").

Agreement to these Website Terms of Use

By accessing this website, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this website.

Privacy Policy and other Policies

As part of these Website Terms of Use, your use of this website is also subject to our Privacy Policy and all other Policies (located on our website), which are incorporated by reference into these Website Terms of Use.

Legal capacity to transact

By using this website you represent and warrant to the Company that you are over the age of 18 years.

General nature of the website and our business

Our website is designed to provide an online platform for users to buy and sell motor vehicles and their spare parts and related accessories in Australia.

We do not sell motor vehicles from our website (or elsewhere). However, we do make our website available for third party sellers to list and sell motor vehicles within Australia. We are not a party to any transaction to sell or buy motor vehicles from our website. Our website simply provides a platform linking third party sellers with third party purchasers of motor vehicles. Accordingly, with respect to any motor vehicle listed for sale from our website or the purchase of such motor vehicle, we take no responsibility for the contents, accuracy, quality, timeliness, orders, payment, bona fides of seller or purchaser or any other aspect of the transaction between seller and purchaser of such motor vehicles listed on our website.

Similarly, we do not warrant, guarantee or endorse any good/service that may be offered by a third party from our website including those that may be featured in any advertising or banner on our website.

We are the seller of all spare parts and related accessories that are listed for sale on our website and we take full responsibility for all listings and sales of those goods in accordance with these Website Terms of Use.

Registration and account security

Requirements for registration

The Company reserves the right to make any parts of this website accessible only to users who have registered.

Username and password

Upon registration with this website, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this website. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this website with your username and password is you or your authorised representative.

You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

In order to register an account with this website, you must agree to these Website Terms of Use and provide the Company with all relevant information that may be required by the Company during the registration process.

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple accounts and automated account opening

One person may not maintain more than one account with this website. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registrations

The Company reserves the right to accept or reject any application for registration of an account with this website at its discretion. Once registered, we reserve the right to suspend or terminate any user's registration at our discretion.

Transactions

Listings for sale and orders

The listing of any goods for sale on this website does not constitute an offer to sell. It is an invitation to treat only.

By placing an order to purchase any goods listed for sale on this website, you make an irrevocable offer to the listed seller to purchase those goods for the price and other terms stipulated in the listing.

As noted above, in respect of motor vehicles, we are not a party to such transaction and the purchaser and seller must negotiate and agree their own terms in respect of any listing on our website.

In respect of spare parts and related accessories, we will receive your order and you will then receive an email from us as to whether we accept or reject your order. If we reject your order and you have paid any amounts to us in respect of that order, these amounts will be refunded to you.

Payment methods

Any payment that is required to be made to us through the website (eg in posting any content or advertisement or purchasing any spare parts and related accessories) shall be paid:

Please note, for any sales of motor vehicles from our website, purchasers and sellers must agree on their own payment methods.

All fees and prices on this website are in Australian Dollars, unless expressly noted otherwise.

GST

Unless otherwise expressly stated, all amounts payable through your use of this website are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Third-Party Secure Payment Gateway Provider

The Company uses a third-party payment gateway provider for its secure online payment transactions. Payments made through this third-party payment gateway provider are subject to its own terms and conditions and privacy policy.

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to the third-party payment gateway provider, other than information that is required in order for us to process any order you place with us for spare parts and related accessories (eg, your name, email address and billing/postal address, delivery address, etc).

Security

While our third-party payment gateway provider and our website hosting providers employ secure technology for transactions for users of our website, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a user of our website whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.

Without limiting the fact that we will have no liability for fraudulent or unauthorized use of credit/debit card or bank account details, the Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

Refunds and returns for spare parts and related accessories

In respect of any spare parts and related accessories you may purchase from us through our website:

For the avoidance of doubt, the Company undertakes to comply with all its mandatory obligations under the Australian Consumer Law.

Delivery of spare parts and related accessories

We will use reasonable endeavours to meet our stated delivery timeframes for any spare parts and related accessories you purchase from us on our website. We note, however, that we engage third parties to ship and deliver the goods to you and shall not be liable for any unforeseen delay that may be suffered in your receipt of the goods.

You will be responsible to ensure that you are able to accept delivery at the delivery address you provide us and we will not be liable for any lost or misplaced delivery that is left at your nominated delivery address.

Motor vehicles listings and purchases

This website includes an online portal that allows third parties and users of our website to advertise goods and/or services for sale to our other users through this website and to upload information and other content directly to this website for our users to access. We do not act as agent for any such users or third parties and we take no responsibility, and assume no liability, for:

Third party goods/services and websites

We do not recommend or endorse any goods or services that are listed by third parties or other users of the website, advertised or referred to in this website or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this website, third party advertisements or any content uploaded by a user to our website and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. Some of the links on our website may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.

User acknowledgements

You acknowledge that the Company does not:

Role of the Company

In respect of goods/services listed for sale on our website by any third party, that third party seller (and not the Company) is responsible for all aspects of such sale, including in delivery of those goods/services to you, and we do not:

We have provided practical guidance notes to users of our website involved in the sale and/or purchase of motor vehicles, which can be viewed at: Buy/Sale

Seller/Supplier's terms and conditions

If you sell any goods/services through our website or you purchase such goods/services, that transaction will be deemed to be a contract between the purchaser and the seller of such goods/services. The Company is not a party to that contract. Such third party seller and purchaser are free to agree their own terms for the sale of such goods/services, and the Company will not have any liability whatsoever in connection with such transaction.

Any user purchasing goods/services from a third party using this website is solely responsible for investigating and reviewing the seller/supplier's terms and conditions of supply – including its policies on warranties, refunds, returns, cancellations, shipping terms and rescheduling, as applicable.

As part of our terms and conditions for supplier listings, all sellers/suppliers must undertake to us that they comply with Schedule 2. The Company does not, however, hold the benefit of that undertaking on behalf of any purchaser of any goods/services from this website.

Refunds, replacement or compensation from suppliers

If, pursuant to the terms and conditions of the contract that is formed between you as the purchaser and any third party seller/supplier through this website, you are entitled to any refund, replacement or compensation, the relevant seller/supplier is solely responsible for providing you with that remedy. The Company does not guarantee the provision of that refund or other remedy to you and you must take action against the seller/supplier directly, and not against the Company, in order to enforce your entitlement to that refund.

Disputes between users and sellers/suppliers

Third party sellers/suppliers and third party purchasers are solely responsible for their interactions from this website, without any liability on the Company in respect of those interactions or any obligation on the Company to intervene in respect of any dispute. Notwithstanding that, we reserve the right (but have no obligation) to monitor and take appropriate action regarding any disputes between users and third party seller/suppliers.

You may contact us to let us know details of any dispute you may have with another user of the website so that we may, at our discretion, investigate and, if necessary, take disciplinary action against any seller/supplier, purchaser or any user if we consider it appropriate. The Company will not, however, act on behalf of any purchaser, seller/supplier or any other user of our website, in respect of any dispute between them that arises in connection with the use of our website including any transaction that is made through our website. For the avoidance of doubt, the Company does not guarantee performance or enforce the terms of any agreement between a third party seller and purchaser on our website.

Restrictions on use

Prohibited conduct

In your use of this website, you must not engage in or permit to be done any of the activities or matters set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:

Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

Intellectual property

Copyright

In these Website Terms of Use, the term "Proprietary Content" means:

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).

You may download and print out content from this website only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

The Company's logo and the phrase "Automesh" are trademarks of the Company. The look and feel of this website (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

User Content

In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this website by any user, such as advertisements, photos and other details of goods for sale, comments, forum posts, chat room messages, reviews, ratings and feedback.

This website contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

Copyright claims

If you believe that our website contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this website to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement.

In response to such a notification, if we believe there are reasonable grounds for your allegation, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will, at our discretion, remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS WEBSITE AND ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This website is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this website or any of its content, and in particular do not represent, warrant or guarantee that:

For the avoidance of doubt, all goods and services sold on this website come with the mandatory guarantees and warranties that cannot be excluded under the Australian Consumer Law and the Company shall be liable in respect of such warranties and guarantees for the spare parts and related accessories it sells from this website and a third party seller shall be liable in respect of such warranties and guarantees for goods and/or services it lists for sale in this website.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this website by you or any other person.

Remedies limited

To the maximum extent permitted by law and except as expressly set out in these Website Terms of Use, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any condition, obligation or warranty/guarantee created or implied and which cannot be excluded by virtue of any applicable legislation. To the maximum extent permitted by law, the Company, and its officers, employees, agents, consultants, licensors, partners and affiliates will not be liable for any indirect or consequential loss, including loss of use, profit, revenue, business, anticipated savings, opportunity, delay or financing costs, increase in costs or any other form of economic loss.

Release

You agree that your use of this website is at your own discretion and risk. Except as expressly set out in these Website Terms of Use, you agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this website by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

General Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

Notifications

The Company may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.

Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company's prior written consent. Your registration with this website is personal to you and may not be sold or otherwise transferred to any other person.

The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company's right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed to the extent of its illegality, invalidity or unenforceability under such laws and the remaining provisions shall remain in full force and effect.

Variation

The Company reserves the right to amend these Website Terms of Use and any other policy on this website at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this website will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this website or the goods/services offered through this website.

You may only vary or amend these Website Terms of Use by written agreement with the Company.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws applicable in the state of Western Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts of appeal from them.

Schedule 1 – Prohibited conduct

YOU MUST NOT:

Schedule 2 – Minimum conditions for suppliers

All private sellers in Western Australia must adhere to:

Under the Act and Regulations private sellers are legally allowed to sell no more than 4 motor vehicles (cars) in any given year owned by the private seller.

Where the number exceeds 4, the private seller MUST apply for a Motor Dealer's licence.

All licensed motor vehicle sellers advertising on the website must comply with section 21 of the Act:

"A person who carries on the business of a dealer shall cause the business name stated in his application for a licence and the number of the licence issued to him to appear in every advertisement published by him or on his behalf" (Section 21(b)).

All sellers (private and motor dealers) must provide the following information of any vehicle advertised to be sold on the website:

All sellers (private and motor dealers) in other States must adhere to the relevant State laws where applicable.

If you have any questions about these Website Terms of Use, please contact us at: info@automesh.com.au