TERMS OF USE AND LICENCE

A.        GENERAL TERMS

  1. Access to and Use of the Dealer Trade™ App
  1. This software application (App);
  2. The product (Product) provided by Dealer Trade™ (We, Us or Our) to you (You or User) through the Site (Service) in relation to the supply of the Product by You to customers; and
  3. Our software in accordance with the Licence below.
  1. Access and Use of the Product
  1. view, download and/or print from the App, for Your personal and authorised business use;
  2. insert information to enable Your registration.
  1. modify or edit any content, including without limitation all text, graphics, images, software, information and any other materials on this App (Content);
  2. publish or sell the Content including but not limited to making the Content available on any other website;
  3. add any Content to the App, including (but not limited to) any content which We consider to be inappropriate;
  4. alter or remove any copyright, trade mark or other proprietary notice appearing on this App;
  5. reverse engineer, translate, adapt or modify any software used in connection with this App; or
  6. create any links from any other website to this App.
  1. Intellectual Property rights
  1. We are either the legal or beneficial owner (including under licence) of all rights in the Product and all Content of the App. That includes having copyright in the Content and its arrangement, copyright in the source code of any software, the legal or beneficial ownership of all trademarks and a registered patent in relation to the Product.
  2. You acknowledge and agree that we own all intellectual property rights in the App and the Product and that You are entitled to access and utilise those intellectual property rights only for the purposes set out herein.
  3. Nothing contained in the App is intended to or will be construed as granting any other right to You in the nature of intellectual property rights and You must not exploit any intellectual property which forms part of the Content or which otherwise appears on the App.

You grant to us Your irrevocable, royalty-free licence to use your name, logos and trademarks for the purpose of promotion of the Product and the App, which licence shall continue beyond the expiration of these Terms.

You agree to indemnify Us in relation to any breach of these Terms.

  1. You acknowledge that We may use all information collected and data obtained through Your use of the Product, in any way We may require.
  2. You also permit us to authorise any other person to do the same thing.
  3. You acknowledge that We own (exclusively) all rights in relation to the data which We collect or obtain as a result of Your use of the Product or App.  To the extent required, You assign to Us all rights which You may have (if any) in relation to the ownership and use of the data.
  4. Even though We own and may use the data in any way We require, such data will generally be aggregated and We will not use or disclose Your personal information, which will only be used and maintained in accordance with Our privacy policy.
  1. Software License

Your access to and use of any Software comprised in the Product will be governed by the following terms:

The definitions below shall apply to the following clauses of these Terms:

  1. Intellectual Property Rights means any rights that We have or may have in relation to the software, or otherwise, including, without limitation, various patents, copyright, designs, logos, business methods, confidential information and trade secrets.
  2. Software means the software comprised in the Product, which is owned by Us and made available to You in the provision of the App, pursuant to these Terms.
  1. You acknowledge that We own all Intellectual Property Rights in the Software comprised in the App.
  2. Nothing in these Terms constitutes a transfer of any Intellectual Property Rights to You.
  3. You may not make copies of the Software, or any part of the Software, except as expressly permitted in this Licence.

  1. We grant You a License to use the Software subject to and in accordance with these Terms.
  2. You must not:
  1. Use the Software for any purpose or in any manner other than as set out in these Terms;
  2. Use the Software in any way that could damage Our Intellectual Property Rights, reputation or the goodwill associated with the Software;
  3. Reproduce, make error corrections to or otherwise modify or adapt the Software or create any derivative works based upon the Software;
  4. De-compile, disassemble or otherwise reverse engineer the Software or permit any third-party to do so;
  5. Modify or remove any copyright proprietary notices on the Software.
  1. This Licence commences immediately upon You accessing the App or (if applicable) downloading the Software and continues whilst you are a subscriber. 
  2. We may terminate the Licence immediately by notice in writing to You, in the event of Your breach of these Terms.  In all other circumstances, we may terminate by giving reasonable notice to You.
  3. On termination:
  1. Your right to use the Software immediately ceases and the Licence granted under this Agreement terminates;
  2. Where relevant, You must immediately remove the Software from Your computer and/or other electronic device/s;
  3. Each party retains the claims it has against the other.
  1. We do not accept liability for any decisions made or actions taken as a consequence of the information provided (including by third parties) in your use of the Product and end users, customers and buyers should make their own determination as to the suitability of the Product and about any goods or vehicles listed for sale and should undertake their own enquiries in relation to all information posted to the App by Us or by any third party, for their circumstances.
  2. To the full extent permitted by law:
  1. We exclude all liability in relation to the provision of the App including in respect of loss of data, interruption of business or any consequential or incidental damages.
  2. We exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
  1. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, We limit Our liability in respect of any claim to, at Our option:
  1. In the case of goods:
  1. The replacement of the goods;
  2. The replacement of the goods or the supply of equivalent goods;
  3. The repair of the goods;
  4. The repayment of the cost of replacing the goods or of acquiring equivalent goods; or
  1. In the case of services:
  1. The supply of the services again; or
  2. The payment of costs of having the services supplied again.
  1. Disclaimers and Limitation of Liability
  1. In the case of goods:
  1. the replacement of the goods or the supply of equivalent goods;
  2. the repair of the goods;
  3. the payment of the cost of replacing the goods or of acquiring equivalent goods;
  4. the payment of the cost of having the goods repaired; or
  1. in the case of services:
  1. the supplying of the services again; or
  2. the payment of the cost of having the services supplied again,

whichever is the lesser, at Our sole discretion. 

  1. Termination
  1. Modification to Terms
  1. Severability
  1. Miscellaneous

B.        SPECIFIC TERMS

Auction

  1. The App provides an auction service and all parties must register their details before proceeding to use the App.
  2. By registering or logging onto the Site or App, You irrevocably warrant that You:
  1. Have read, understood and will comply with these Terms;
  2. Agree to be bound by these Terms;
  3. Acknowledge the risks, contingencies and other circumstances relating to the use of the Product.
  1. You agree not to provide any other person with Your registration or login details and to maintain the confidentiality of that information.  By registering, You warrant that:
  1. You have authority to bid;
  2. You will be liable for all costs, fees, chares and other amounts which may become payable to any person as a result of the use of the App.
  1. Bids will only be accepted from Licensed Motor Dealers or their authorised agents.  You confirm that You are a licensed motor dealer or an authorised agent when registering as a buyer.
  2. You acknowledge that We may from time to time in Our sole discretion alter these Terms, including as to the conduct or method of conducting Auctions or other sale process undertaken through use of the App.  Should We make any changes to these Terms, You acknowledge and agree that the modified, changed or altered Terms shall apply from the date on which You next access or use the App following Us having made such changes.
  3. Save as set out in paragraph 30 below, Auctions listed run for 30 minutes.
  4. The seller has right to choose, in their sole discretion, the winner (if any) of the auction from the top 5 bids placed.
  5. The winning bidder is notified when chosen by the seller.
  6. A sale may be declared to be null and void and of no effect in circumstances where there is an obvious error in the listing including as a result of a bug or other failure in performance of the App or Product.
  7. We reserve the right to refuse to allow or withdraw You as a seller or any of Your vehicles at any time without assigning any reason in Our absolute discretion.
  8. Vehicles sold using the App are not subject to a cooling off period and do not have a statutory warranty.

Selling

  1. All auctions are live/instant between 8.30am and 5.00pm sharp, Monday to Saturday, Australian Eastern Standard Time (AEST).
  2. All other auctions listed outside of these hours will commence at 8.30am and close at 5.00pm sharp.  All vehicles listed outside of those hours will automatically list at 8.30am on the following day.
  3. All vehicles listed may have the following pre-populated details:
  1. You must also list the following additional information for all vehicles listed:
  1. The following information is optional and may also be completed by You:
  1. All sellers must take a picture of each side of the vehicle, the front and back and the odometer.
  2. All sellers warrant that all details provided in relation to a vehicle are true and correct, and that there are no errors or mis-descriptions or any other matters which have been omitted from the listing.  
  3. The sellers will indemnify Us against any claim which we may receive as a result of or incidental to the listing of their vehicle/s on the App and any breach of these Terms.
  4. All sellers may include a short video describing the vehicle on each listing.
  5. Sellers are not permitted to bid on any vehicle which they have listed for sale and are not permitted to have others place bids on their behalf on any vehicle which they have listed for sale, irrespective of whether or not that has the effect of increasing the price of the vehicle.
  6. Sellers acknowledge that the buyer is solely responsible for making all payments in relation to the vehicle and that We shall have no responsibility whatsoever in relation to the buyer’s obligation to pay.

Buying

  1. All motor dealers who subscribe by preference to receive a push notification are able to bid.
  2. A person may not participate in a sale unless the person has registered as a buyer.
  3. By registering as a buyer, You represent and warrant to Us that all information provided by You to Us is complete and accurate.
  4. Buyers have access to the App for the purpose of participating in a Sale provided they comply with these Terms at all times.
  5. All motor dealers subscribed by preference will receive the following information of the vehicle for auction prior to being able to make a bid:

All items as described in 20 and 21 and optional information as per 22.

  1. Each bid will constitute an irrevocable offer to purchase the vehicle or item listed for sale at the price disclosed in the bid.
  2. The seller will be notified of the 5 highest bids at the end of the auction and has the sole discretion which bid, if any, he/she decides to accept
  3. In the event that the seller does not receive a satisfactory bid, they may close the auction or remove the vehicle from the auction.  The seller may then, in their sole discretion, elect to relist the vehicle for sale on such terms as the seller may determine, which may provide for a reserve price and the ability for buyers to ‘make an offer’ for the purchase of the vehicle, along with such other terms as the seller may require.
  4. The winner of the auction will be notified promptly after the end of the auction and, unless otherwise provided, within 30 minutes of the end of auction by push notification.
  5. All vehicles must be made available for inspection when listed and it will be deemed that the vehicles have been inspected by the buyer.  
  6. All vehicles are sold in their current state of repair and condition at the time of auction with all defects and faults (if any).
  7. A buyer will not be able to retract a bid or terminate a sale on the basis of a defect or any representation which could have been ascertained or independently verified by the buyer, except if not disclosed or by virtue of misleading and deceptive conduct.
  8. We make no representation in relation to a vehicle (including as to year models or odometers).  All representations are made by and remain the responsibility of the seller.
  9. You acknowledge that any information provided in relation to any vehicle is provided by the Seller, and, We have not independently verified its completeness or accuracy.  We do not warrant the completeness or accuracy of any information provided.   You agree to independently verify any information which is important to Your decision whether or not to bid on or purchase any vehicle.  
  10. We are not responsible or liable for failure of, performance of the seller, including for any delay or failure due to circumstances beyond their reasonable control.  

Payment

  1. Dealer Trade™ may in future, charge the seller a listing fee and/or the buyer a success fee per listing. A notice period of no less than 30 days will be given to You from the first date from which such a charge will apply. The listing fee and the success fee which are to be paid by the seller and buyer will be set out on Our website and be subject to variation. The fee payable will be that which is set out on our website at the time of listing.
  2. The sellers card details are stored securely with Paypal and will be charged automatically with an invoice being generated and sent to you. You will receive another email generated and sent to you by Paypal showing your payment was successful.
  3. In the event of default of payment, you acknowledge that We may pass on to You any additional costs which We may incur, including by way of bank fee, charge or interest.  You authorise Us to take payment of such fees and charges from Your account within 48 hours of You receiving notice of same.

Bids and Payment for Vehicles

  1. All bids are inclusive of GST.
  2. All auctions are COD payment must be made in full within 48 hours of the winning bidder receiving notification that they were the successful bidder.
  3. The buyer is responsible for payment of all other fees and charges relating to the purchase of the vehicle, including (without limitation) stamp duty and Government transfer fees, registration fees and any other taxes and delivery costs, save to the extent where the buyer is exempt.

Delivery/Transport

  1. The winning bidder must arrange for the collection (or transportation) of the vehicle so that it is removed from the seller’s premises within 7 days of notification of their winning bid.
  2. Title and risk in the vehicle shall, unless otherwise provided, pass to the buyer on the receipt of cleared funds by the seller of the vehicle (including by a transport provider).

Default and Suspension

  1. We reserve the right to terminate or suspend your use of the App, including in the following circumstances:
  1. Upon termination or suspension of these Terms, We may exercise the legal rights and remedies which are available to Us and:
  1. You must immediately cease to use the App.
  2. Any amounts owed become immediately due and payable; and
  3. On termination you must destroy or delete the App from any system You have in Your possession or control.

Availability

  1. We expressly disclaim any representation that the App will be available at any particular time or for the duration of any Sale.  
  2. You acknowledge that to the extent permitted by law, we will not be liable for any loss (including consequential loss) sustained as a result of the App not being available or due to any failure to list a vehicle or to receive a bid, or as a result of any failure of the system, Product or App.
  3. By registering, You warrant that You have the authority to bid on or sell the vehicle listed.
  4. You will be liable for all costs, fees, charges and other amounts which may become payable to any person as a result of the use of the App.