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Instant Valuation - Terms and Conditions

The online Valuation service at https://www.carbar.com.au/sell-my-car 
Valuation Platform
, is owned and operated by Carbar Holdings Pty Ltd (ACN 612 049 260) of 20 Woodruff St, Port Melbourne VIC 3207
Carbar, we, us, our
.
The Valuation Platform allows us to provide customers
you, your
with a Final Valuation for your Motor Vehicle which may be used as the Purchase Price in the Purchase Agreement under which we purchase the Motor Vehicle from you. We will provide you with an Initial Valuation which will be followed by a Final Valuation in accordance with these Terms (both of which will be valid for a limited period, as stated in these Terms). These Terms include provisions which limit our liability to you, and entitle us to receive certain reimbursements and indemnities from you.
We are also permitted to disclose your personal information to third parties in accordance with our privacy policy.
  1. General
    1. Your request for a Valuation as well as your access to, and use of the Valuation Platform is subject to these Terms. By requesting a Valuation and accessing, viewing or otherwise using the Valuation Platform, you agree to be subject to and bound by these Terms.
    2. These Terms only govern your request for a Valuation as well as your access to and use of the Valuation Platform and not any other dealing or transaction you may have with us. If you enter into any transaction or have any other dealings with us (whether via the signing of the Purchase Agreement or otherwise), then those transactions or dealings will be governed by the terms of a separate agreement between you and us.
  2. Access and use
    1. The Valuation Platform is only available for use by people located in Australia. If you are located outside of Australia, you must not use the Valuation Platform.
    2. When accessing and using the Valuation Platform you must:
      1. comply with these Terms;
      2. provide all information requested from us;
      3. describe the Motor Vehicle truthfully and accurately; and
      4. be the sole legal and beneficial owner of the Motor Vehicle or are otherwise duly authorised to sell the Motor Vehicle and request a Valuation.
    3. You may use the Valuation Platform solely for your own lawful and personal purposes and in accordance with these Terms. You must not use the Valuation Platform for commercial purposes. You agree to comply with all rules, laws and regulations relating to your use of the Valuation Platform, and all directions or instructions provided by us from time to time.
    4. The Valuation should not be relied upon as the sole basis of any decision you make relating to our services or transaction you enter into, or propose to enter into, with us. You should undertake your own enquiries and seek independent advice before making any decisions regarding the Valuation.
    5. We strive to ensure that the Valuation Platform is available and accurate at all times. However, due to technological or human errors, we cannot guarantee that access to the Valuation Platform will be accurate, up to date, uninterrupted or error free. The operation and functioning of the Valuation Platform is reliant on our own, and our technology and telecommunications partners’, operational processes in respect of computers, computer networks and telecommunications. Disruptions to these processes may result in the Valuation Platform being unavailable from time to time, and you acknowledge that you may not be able to access the Valuation Platform during such periods.
    6. You must take your own precautions to ensure that accessing the Valuation Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to data, hardware or software which arises in connection with your use of the Valuation Platform.
  3. Requesting a Valuation
    1. You may apply for a Valuation of your Motor Vehicle by providing us with the required information on the Valuation Platform and any other information requested by us, this includes your contact details and the Motor Vehicle’s:
      1. registration number;
      2. State/Territory of registration;
      3. odometer reading; and
      4. general condition.
      Initial Valuation
    2. By providing us with the required information under clause 3.1, you warrant that the information is, and will remain, true and correct.
    3. We make a number assumptions in respect of the Motor Vehicle from the information you provide us under clause 3.1 including:
      1. that all information you have provided is true and correct;
      2. that you are the sole legal and beneficial owner of the Motor Vehicle or are otherwise duly authorised to sell the Motor Vehicle;
      3. that you are selling the Motor Vehicle in your individual capacity and not in any business capacity;
      4. the Motor Vehicle has never been subject to flood, hail or other adverse weather conditions;
      5. the Motor Vehicle has not had damage that has caused it to be listed as a write-off; and
      6. the Motor Vehicle is registered and this registration is not liable to be cancelled, and no pension or other concession rebates are applicable to the registration of the Motor Vehicle.
    4. Our delivery of an Initial Valuation to you:
      1. is an invitation to treat only;
      2. is an indicative valuation only based upon the information you have provided us and our assumptions;
      3. is not an offer by us to purchase the Motor Vehicle from you; and
      4. does not form a legally binding agreement for the purchase of the Motor Vehicle by us from you.
    5. We reserve the right, acting reasonably, and at any time to vary or revoke the Valuation for any reason, including where:
      1. the Motor Vehicle does not match the description and information you provided us;
      2. there is a discrepancy in the recorded mileage, legal registration, or chassis number of the Motor Vehicle;
      3. the Motor Vehicle has been in a major accident or has been subject to a total loss claim;
      4. we identify any other issue in a history check on the Motor Vehicle;
      5. you do not have the right to sell the Motor Vehicle (for example, because you are not the registered owner);
      6. the Motor Vehicle’s registration document is missing, incomplete or not in your name;
      7. the Motor Vehicle is not registered;
      8. the Motor Vehicle is due for a service in the next 100 kilometres;
      9. the Motor Vehicle’s tyres are not road legal; or
      10. the Motor Vehicle has any mechanical or electrical fault (including problems with steering, transmission, clutch, gearbox, suspension, or brakes).
    6. The Valuation we provide is based upon the information you provided regarding the Motor Vehicle and takes into consideration the warranties given by you and the assumptions we make pursuant to these terms.
  4. Initial Valuation
    1. Each initial valuation is valid for seven days from the date it is provided to you. If an initial valuation expires and you want to sell your motor vehicle to us, you must get a new initial valuation through the valuation platform.
    2. We must carry out a final physical inspection of the Motor Vehicle before we will make a Final Valuation and decide whether to purchase the Motor Vehicle.
    3. Within seven days from the date the Initial Valuation is provided to you, you may elect to either:
      1. submit the Motor Vehicle for a physical inspection at a carbar dealership
        On-Site Inspection
        ; or
      2. request a staff member of carbar physically inspect the Motor Vehicle at a site approved by carbar
        Off-Site Inspection
        .
    4. If we accept your request for either an On-Site Inspection or Off-Site Inspection, we will provide you with confirmation and details of the inspection (including the date and time of the inspection).
    5. If we agree to provide an Off-Site Inspection then:
      1. we will send an agent to inspect the Motor Vehicle. For the avoidance of doubt, the agent will be solely responsible for inspecting the Motor Vehicle and nothing in these terms or otherwise grants the agent the right to provide a Valuation to you, negotiate the Valuation with you or enter into any contract on our behalf; and
      2. we may incur a $250 administration fee for conducting the Off-Site Inspection
        Inspection Fee
        . If we decide to purchase the Motor Vehicle from you, we may seek reimbursement of the Inspection Fee by deducting it from the purchase price under the purchase agreement.
    6. Members of our team have the right to work in a safe and respectful environment and you must provide a safe environment. If we consider that you are behaving in a manner that is abusive, threatening, offensive or disrespectful to any of our staff members, we will cancel the On-Site Inspection or Off-Site Inspection and revoke the Valuation.
  5. Final Valuation
    1. Once we have completed either the On-Site Inspection or Off-Site Inspection, we will conduct a history check of the Motor Vehicle and provide you with an updated and final Valuation
      Final Valuation
      .
    2. The Final Valuation may differ to the Initial Valuation for reasons including, but not limited to, the Motor Vehicle is found to have different particulars to those provided by you or assumed by us before or at the time of the On-Site Inspection or Off-Site Inspection.
    3. Each final valuation is valid for seven days from the date it is provided to you. If a final valuation expires and you want to sell your motor vehicle to us, you must get a new final valuation from the valuation platform. If we incur an additional Inspection Fee for a new Final Valuation, we may also seek reimbursement of the additional Inspection Fee in accordance with clause 4.5(b).
    4. Once we have provided you with the Final Valuation you acknowledge that the Final Valuation may be used as the Purchase Price in the Purchase Agreement under which we purchase the Motor Vehicle from you. No legal obligation regarding the sale and purchase of the Motor Vehicle will arise until you have accepted the Final Valuation in writing. You will be provided with a copy of the terms of the Purchase Agreement prior to accepting the Final Valuation.
    5. Upon your written acceptance of our Final Valuation, a binding contract for the sale and purchase of the Motor Vehicle will be formed between you and us and the specific terms and conditions governing the transaction will be set out in the Purchase Agreement.
    6. The terms and conditions of the Purchase Agreement will govern the sale of the Motor Vehicle.
  6. Intellectual Property
    All Content on the Valuation Platform is owned, or used under licence, by us. Nothing contained on the Valuation Platform should be construed as us granting you any licence or right to use or reproduce any of the Content. You may view any Content on the Valuation Platform for the purposes of accessing our Valuation Platform in accordance with these Terms. However, you may not otherwise use, reproduce or exploit the Content, any intellectual property in the Content or any other intellectual property accessible on or via the Valuation Platform, without obtaining our prior written consent.
  7. Indemnity
    You agree to indemnify carbar and its personnel and hold carbar and its personnel harmless from and against all Losses (including all legal costs, and any other associated fees and costs) for which carbar and its personnel incurs as a direct or indirect result of your fraud, negligence or wilful misconduct (including by tort, contract or statute).
    This indemnity is reduced to the extent that the Loss was caused or contributed to by carbar’s fraud, negligence or wilful misconduct.
  8. Liability
    1. Nothing in these Terms should be interpreted as attempting to exclude, restrict or modify your rights to make a claim in respect of any consumer guarantees or other applicable provisions of the Australian Consumer Law. If you are a ‘Consumer’ for the purposes of the Australian Consumer Law and the goods and services which we provide you in respect of your access to and use of the Valuation Platform are non PDH Goods and Services, then our liability, to you in relation to any claim relating to your access and use of the Valuation Platform the Content, is limited at our option to:
      1. the supplying of the relevant services again; or
      2. the payment of the cost of having the relevant services supplied again.
    2. In the case of carbar being found liable to you, to the extent permitted by law, liability for any Loss incurred by you is limited to the value of your most recent valuation, however caused (including by our negligence, tort, contract or statute) suffered by you in connection with your access and use of the Valuation Platform and the Content.
  9. Miscellaneous
    1. In these terms:
      1. the singular includes the plural and vice versa;
      2. the word person includes a firm, a body corporate, an unincorporated association, body or organisation, established pursuant to international treaty, intergovernmental body, or government authority and other official authority;
      3. a reference to a document or legislation includes a reference to that document or legislation as varied, amended, novated or replaced from time to time;
      4. the meaning of general words is not limited by specific examples introduced by 'includes', 'including', 'for example' or 'such as' or similar expressions;
      5. a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and permitted assigns;
      6. headings are inserted for convenience and do not affect the interpretation of these terms;
      7. no provision will be construed to the disadvantage of a party merely because that party was responsible for the preparation of the terms or the inclusion of the provision in the terms; and
      8. unless otherwise provided, all monetary amounts are in Australian dollars and a reference to payment means payment in Australian dollars.
    2. You must not assign or otherwise deal with any of your rights or obligations under these terms. We may assign, subcontract or deal with, any of our rights or obligations under these terms at any time.
    3. If any provision of these terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these terms without affecting the validity or enforceability of the remaining provisions.
    4. The termination or expiry of these Terms does not operate to terminate any rights or obligations under an Agreement that by their nature are intended to survive termination or expiration, and those rights or obligations remain in full force and binding on the party concerned including without limitation the rights and obligations under clause 4.5(b), 7 and 8.
    5. These terms constitute the entire agreement between the parties about its subject matter and supersedes any prior agreement and all previous communications, representations, understandings, or agreements between the parties on the subject matter.
    6. These terms are governed by the laws in force in Victoria, Australia. You and us submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
    7. Personal information collected as a result of your use of the Valuation Platform will be collected, held and used in accordance with our privacy policy, which is available here https://www.carbar.com.au/privacy-policy.
    8. If you have a complaint about us, or if you would like to get in contact with us, you can contact Customer Support at contact@carbar.com.au or call 1300 620 685.
  10. Dictionary
    In these Terms, the words below have the following meanings:
    Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.
    Content means any information, material and content on the Valuation Platform, including information, guidelines, handbooks, data, text, designs, images, graphics, trade marks, materials and audio visual material.
    Consequential Loss means:
    1. any form of indirect, special or consequential loss, including loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunity; and
    2. any loss beyond the normal measure of damages.
    Consumer has the meaning given in section 3 of the Australian Consumer Law.
    Final Valuation has the meaning given to it in clause 5.1.
    Initial Valuation has the meaning given to it in clause 3.1.
    Loss means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss, personal injury loss and Consequential Loss.
    Motor Vehicle means the motor vehicle you are intending to sell to us and which is described on the Valuation Platform.
    PDH Goods or Services means goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.
    Purchase Agreement means the agreement which sets out the terms and conditions which govern the sale of the Motor Vehicle from you to us.
    Purchase Price means the purchase price which we agree to purchase the Motor Vehicle from you in accordance with the terms of the Purchase Agreement.
    Terms means these terms and conditions (as varied or updated by us from time to time).
    Valuation means the Initial Valuation and Final Valuation (as applicable).